Madras High Court
Manjeshwar Koppala Moose Kunhi vs The Secretary on 5 June, 2023
W.P.No.11275 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No. 11275 of 2020
W.M.P.Nos.11742, 11745 & 11747 of 2020
1. Manjeshwar Koppala Moose Kunhi
2. Marakkarakath Nachet Mohamed Abdurahiman
3. Ibrahim Farseen
... petitioners
vs
1.The Secretary,
Ministry of Corporate Affairs,
Shastri Bhavan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.
2. The Registrar of Companies,
2nd Floor, No.6, Haddows Road,
Shastri Bhawan,
Chennai – 600034.
... Respondents
1/6
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W.P.No.11275 of 2020
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of a Writ of Certiorarified Mandamus, calling for the
records of the 2nd respondent relating to the impugned order undated
published on December/2019 uploaded in the website of the 1st Respondent
in so far as the Petitioners herein are concerned, quash the same as illegal
arbitrary and devoid of merit and restore back the Directors Identification
Numbers (having DIN No.01881253, 00242575 and 06818933) as active
and consequently direct the respondents herein to permit the petitioners
(having DIN No.01881253, 00242575 and 06818933) to get reappointed as
director in the Company or appointed in any other Company without any
hindrance or comply with the Companies Act 2013 to obtain Dormant
Status as per law.
For the Petitioner : M/s. B.C.Balasubramanian
for M/s.Aiyar and Dolia
For the Respondents : Mr. M. Stahyan
Additional Central Government Standing
Counsel for R1 and R2
2/6
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W.P.No.11275 of 2020
ORDER
The writ petition has been filed in the nature of a Writ of
certiorarified mandamus seeking interference with an order of the second
respondent/Registrar of Companies at Chennai which had been issued under
Section 164(2)(a) of Companies Act, 2013.
2. According to the petitioners, the second respondent released a list
of disqualified directors, who have been disqualified under Section
164(2)(a) of the Companies Act, 2013, as directors with effect from
01.11.2018 in which, their name was also mentioned. (DIN Nos:01881253,
00242575 and 06818933). In other words, the second respondent, by
including the names of the petitioners, has disqualified them as Directors
under Section 164(2)(a) of the Companies Act, 2013 for non-filing of
financial statements or annual returns for continuous period of three
financial years by the defaulting companies on whose board, the petitioners
are also the directors, due to which, they are prohibited from being
appointed or reappointed as directors in any other company for a period of
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W.P.No.11275 of 2020
5 years. Stating that the action so taken by the second respondent is
arbitrary and unreasonable, the petitioners have filed the present writ
petition with the aforesaid prayer.
3. The issue is no longer resintegra as judgments have been passed by
learned Single Judges of this Court interfering with such orders. I can cite
one, namely the order dated 18.01.2021 in W.P.Nos. 584, 588 and 592 of
2021, Pandy Athipathy and two others vs Union of India represented by
its Secretary, Ministry of Corporate Affairs, New Delhi and another.
4. The learned Single Judge in that particular common order relating
to three writ petitions had placed reliance on a Division Bench order of this
Court in W.A.No. 569 of 2020 batch, Meetgelaveetil Kaitheri
Muralidharan vs Union of India and another, wherein it had been held as
follows:
“ Consequently, 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
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W.P.No.11275 of 2020
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. No costs. ”
5. The same order enures to the petitioner herein.
6. Another ground taken by the petitioners was that notice was not
issued prior to the impugned orders being passed.
7. In view of the above pronouncement of the Division Bench, the
impugned order is set aside and the writ petition stands allowed. There shall
be no order as to costs. Consequently, connected Miscellaneous Petitions
are closed.
05.06.2023
Index: Yes/no
nhs
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W.P.No.11275 of 2020
M.DHANDAPANI, J
nhs
To
1.The Secretary,
Ministry of Corporate Affairs,
Shastri Bhavan,
Dr. Rajendra Prasad Road,
New Delhi – 110 001.
2. The Registrar of Companies,
2nd Floor, No.6, Haddows Road,
Shastri Bhawan,
Chennai – 600034.
W.P.No. 11275 of 2020
05.06.2023
https://www.mhc.tn.gov.in/judis
