Madras High Court
Saravanan Sengoda Gounder ... vs Union Of India on 22 June, 2022
W.P.No.15412 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.06.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.15412 of 2022
and W.M.P.Nos.14564 & 14565 of 2022
Saravanan Sengoda Gounder (DIN:03483392) .. Petitioner
Vs.
1.Union of India,
represented by its Ministry of Corporate affairs,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi – 110 001.
2.Registrar of Companies,
Coimbatore, Tamil Nadu,
Stock Exchange Building,
II-Floor, 683, Trichy Road, Singanallur,
Coimbatore – 641 005. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of Writ of Certiorarified Mandamus, to call for the
records of 2nd respondent relating to the impugned order dated 01.11.2018
uploaded in the website of 1st respondent, insofar as the petitioner herein is
concerned, quash the same as illegal, arbitrary and devoid of merit and
consequently direct the respondents herein to permit the petitioner to use his
Director Identification Number and to act as Director of any existing
Company or to be appointed as a Director in any new company.
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W.P.No.15412 of 2022
For Petitioner : Mr.Dhanaram Ramachandran
For Respondents : Mr.L.Infant Dinesh
Central Government Standing Counsel
ORDER
This Writ petition has been filed challenging the disqualification of
the petitioner as a Director under Section 164(2)(a) of the Companies Act,
2013. The impugned order is dated 01.11.2018. The petitioner has
challenged the impugned order on the ground that no notice was issued to
him prior to his disqualification as a Director. The Director Identification
No.3483392 has also been deactivated/suspended under the impugned order
without affording any opportunity of hearing to the petitioner.
2. The issue raised in this Writ Petition is covered by the decision of
the Division Bench of this Court in 'Meethelaveetil Kaitheri Mudalidharan
Vs. Union of India & another' dated 09.10.2020 in W.A.Nos.569, 718, 720,
721, 841 and 842 of 2020. In the said Division Bench judgment, the same
issue was involved where notice was not issued to the Director prior to
his/her disqualification. The Hon'ble Division Bench set aside the
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W.P.No.15412 of 2022
disqualification order and passed the following order:
“The publication of the list of disqualified directors by
the ROC and the deactivation of the DIN of the appellants is
hereby quashed. As a corollary to our conclusion on the
deactivation of DIN, the DIN of the respective directors shall
be reactivated within 30 days of the date of receipt of a copy
of this order. Nonetheless, we make it clear that it is open to
the ROC concerned to initiate action with regard to
disqualification subject to an enquiry to decide the question
of attribution of default to specific directors by taking into
account the observations and conclusions herein.”
3. The petitioner in the instant case is similarly placed. Therefore, the
order of the Division Bench referred to supra applies to this case also and
similar direction needs to be issued in favour of the petitioner also by this
Court.
4. Accordingly, the impugned order dated 01.11.2018 passed by the
first respondent, uploaded in the website of the first respondent insofar as
the petitioner herein is concerned, is quashed. The status of disqualification
under Section 164(2)(a) against the Director Identification DIN No.3483392
is declared to be arbitrary, illegal and devoid of merits.
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W.P.No.15412 of 2022
ABDUL QUDDHOSE,J.
Sni
5. With the above observation, this Writ Petition is allowed as prayed
for. No costs. Connected miscellaneous petitions are closed.
22.06.2022
Speaking/Non-speaking order
Index: Yes/No
Sni
To
1.Union of India,
represented by its Ministry of Corporate affairs,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi – 110 001.
2.Registrar of Companies,
Coimbatore, Tamil Nadu,
Stock Exchange Building,
II-Floor, 683, Trichy Road, Singanallur,
Coimbatore – 641 005.
W.P.No.15412 of 2022
https://www.mhc.tn.gov.in/judis
