Surendra Babu v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5931 of 2020 and W.M.P.Nos.6949 & 6951 of 2020 Surendra Babu S/o.R.Natesan

...Petitioner

Vs.

1.Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110 001.

2.The Registrar of Companies Block No.6, B Wing 2nd Floor, Shastri Bhawan 26, Haddows Road, Chennai-600 006.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 01.11.2017, uploaded and hosted on the website of the 1st respondent insofar as the petitioner herein is concerned, and quash the status "Disqualified under Section 164(2)" against his Director Identification Number (DIN No.03627189) as illegal, arbitrary and devoid of merits and consequentially, direct the respondents herein to permit the petitioner to get reappointed as Director of any Company or appointed as Director in any Company or to act as Director in any Active Company without any hindrance.

For Petitioner :

Mr.U.Rajeswaran For Respondents:

Mr.P.Punniyakoti Central Government Standing Counsel

O R D E R

Mr.P.Punniyakoti, learned Central Government Standing Counsel takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

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2. The petitioner is aggrieved against the impugned order dated 01.11.2017, disqualifying him as the Director of the concerned Company.

3. It is not in dispute that the issue involved in this case, is squarely covered by a decision of this Court made in a batch of similar cases in W.P.Nos.25455/2017 etc., dated 03.08.2018, which was subsequently followed by another batch of similar cases in WP.Nos.23741 & 4981 of 2018 etc., dated 12.04.2019, wherein, the impugned action of disqualification was set aside.

4. In view of the above, this Writ Petition is allowed and the impugned order is set aside. No costs. Consequently, connected miscellaneous petitions are closed. S/d- Assistant Registrar True Copy Sub-Assistant Registrar mk To 1.The Secretary, Union of India Ministry of Corporate Affairs Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110 001.

2.The Registrar of Companies Block No.6, B Wing 2nd Floor, Shastri Bhawan 26, Haddows Road, Chennai-600 006.

W.P.No.5931 of 2020 +1cc to Mr.V.Rajeswaran, Advocate, S.R.No.20438 +1cc to Mr.K.Poomalai, Advocate, S.R.No.20761 GP(CO) rli(20/05/2020) https://hcservices.ecourts.gov.in/hcservices/