R.Muralitharan v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6998 of 2020 and W.M.P.Nos.8346 & 8348 of 2020 R.Muralitharan ... Petitioner vs

1. Union of India represented by its Ministry of Corporate Affairs, Shastri Bhawan, Dr.Rjendra Prasad Road, New Delhi 110 001.

2. Registrar of Companies, Tamilnadu, Chennai, Block No.6, B Wing, 2ns Floor, Haddows Road, Nungambakkam, Chennai - 600 034.

... 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 item number 19555 (DIN: 2325337) in SAS Resources Impex Private Limited, uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned and quash the same as illegal, arbitrary and devoid of merit sand consequentially direct the respondents herein to permit the petitioner to reopen the DIN 2325337 and to get reappointed as Director of any Company or appointed as Director in any Company without any hindrance.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.Sathyan, Central Government Standing Counsel for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Mr.Sathyan, 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.

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. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi To

1. Ministry of Corporate Affairs, Union of India, Shastri Bhawan, Dr.Rjendra Prasad Road, New Delhi 110 001.

2. Registrar of Companies, Tamilnadu, Chennai, Block No.6, B Wing, 2ns Floor, Haddows Road, Nungambakkam, Chennai - 600 034.

+ 1 CC to Mr. M.Sathyan Advocate SR 23891 +1 CC to Mr. M. Velumurugan, Advocate SR 23965 W.P.No.6998 of 2020 MRP 29/05/2020 https://hcservices.ecourts.gov.in/hcservices/