Sakthivel Sargunam v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5350 of 2020 and W.M.P.No.6289 of 2020 Sakthivel Sargunam S/o.Sargunam

...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 Chennai, Tamil Nadu, 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 in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit 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 without any hindrance. For Petitioner :

Ms.S.Sundaravalli For Respondents :

Mr.A.Vijayakumar Central Government Standing Counsel

O R D E R

Mr.A.Vijayakumar, 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 petition is closed.

Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar 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-600 034.

+1cc to Mr.J.Lenin, Advocate SR.No.19061 +1cc to Mr.A.Vijayakumar, Advocate SR.No.18603 AKM/10.03.2020 /2P-5C/ W.P.No.5350 of 2020 Page No. 2/2 https://hcservices.ecourts.gov.in/hcservices/