Ilango Vetrivel, v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.4964/2018 & WMP.Nos.6117 & 9983/2018 Ilango Vetrivel ..Petitioner

Versus

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

2.Registrar of Companies Tamil Nadu, Block No.6, B Wing 2nd Floor, Shstri Bhawan 26, Haddows Road, Chennai 600 006.

..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of declaration declaring the section 164[2][a] of the Companies Act, 2013 and Rule 14[2],[3] and [5] of the Companies Appointment and Qualification of Directors] Rules, 2014 as illegal, null and void and consequently hold the deactivation of the Director Identification number 00198906 of the petitioner on 01.11.2017 uploaded in the website of the respondents, insofar as the petitioner as illegal and null and void and for a mandamus with a direction to the respondents to allow the petitioner to reappointed as Director of any company or appointed as Director of any company on their otherwise meeting statutory requirements under the Companies Act, 2013.

For Petitioner :

Mr.P.Dinesh Kumar For RR1&2 :

Mr.D.RAmesh Kumar CGSC

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] (1)The petitioner has addressed a letter to the learned counsel on record indicating his intention to withdraw this writ https://hcservices.ecourts.gov.in/hcservices/

petition, with a liberty to challenge his disqualification as a Director, alone.

(2)The learned counsel for the petitioner, based on the instructions, given by the petitioner, has circulated a letter dated 30.09.2019 for withdrawal of this petition. He would submit that the writ petitioner may be permitted to withdraw this writ petition.

However, with regard to his disqualification as a Director, the petitioner may be granted liberty to make a fresh challenge and also made an endorsement to that effect.

(3)The Court heard the submission of Mr.D.Ramesh Kumar, learned Central Government Standing Counsel appearing for the respondents 1 and 2.

(4)In the light of the submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn and the liberty sought for by the petitioner, is granted. No costs. Consequently, the connected miscellaneous petitions are closed.

AP Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

1. The Secretary to Government of India Union of India Ministry of Corporate Affairs Shastri Bhawan, Dr.Rajendra Prasad Road New Delhi 110 001.

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

+1cc to Mr.P.Dinesh Kumar, Advocate, SR.No.86041 +1cc to Mr.D.Ramesh Kumar, Advocate, SR.No.85907 WP.No.4964 of 2018 Kak(20/11/2019) https://hcservices.ecourts.gov.in/hcservices/