Jampa Veera Venkata Sathyanarayana, v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.Nos.8173, 8174 and 8175 of 2020 and WMP Nos.9722 to 9727 of 2020

1. Jampa Veera Venkata Sathyanarayana ..Petitioner in W.P.No.8173 of 2020

2. K.Ramalingam ..Petitioner in W.P.No.8174 of 2020

3. Sura Pushpalatha ..Petitioner in W.P.No.8175 of 2020 Vs.

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

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

.. Respondents in all w.p's Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for 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 in so far as the petitioner is concerned, quash the same as illegal arbitrary and devoid of merit and consequently direct the respondents to forthwith withdraw the impugned disqualification in so far as it relates to me and unfreeze Director's Identification Numbers (DIN) 01748440, 01742561, 1757089 and their Digital Signature Certificates, thereby permit the petitioners to get reappointed as Directors of any company or appointed as Directors in any company without any hindrance.

For Petitioners : Mr.S.Giritharan For Respondents : Mr.Adithya Reddy COMMON ORDER https://hcservices.ecourts.gov.in/hcservices/ These cases are taken up for hearing through VideoConferencing.

2. The issue relates to disqualification of Directors of the Companies, particularly as per the amended provisions of Section 164(2)(a) of the Companies Act,2013. The issue is squarely covered by the Judgment of this Court in Bhagavan Das Dhananjaya Das v. Union of India, Rep by its Ministry of Corporate Affairs, Shastri Bhawan, reported in (2018) 6 MLJ 704.

3. In view of the same, the Writ Petitions will stand allowed.

No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar jv To

1. The Secretary, Union of India Ministry of Corporate Affairs, Shastri Bhavan, Dr. Rajendra Prasad, New Delhi - 110 001.

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

W.P.Nos.8173, 8174 and 8175 of 2020 and WMP Nos.9722 to 9727 of 2020 RLD(CO) GN(31/07/2020) https://hcservices.ecourts.gov.in/hcservices/