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Madras High CourtWP/11502/2021ordered

Syed Jaffar Syed John Muhammad v. Union Of India

2021-10-27Honourable Mr Justice R. Mahadevan27 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. NOS. 11502, 11505, 12550, 16548, 16583, 16773, 16777, 16800, 16848, 17334, 17338, 17343, 17349, 17356, 17518, 17724, 17860, 18195, 18421, 19033, 19118, 19366, 19779, 20166, 20240, 20488, 20492, 22531, 22760 AND 22762 OF 2021 AND W.M.P. NOS. 12242, 12243, 12247, 12250, 17520, 17521, 17562, 17564, 17741, 17745, 17775, 17776, 17837, 18356, 18364, 18365, 18368, 18370, 18383, 18386, 18392, 18619, 18621, 18892, 18894, 19066, 19424, 19635, 19636, 20296, 20298, 20405, 20656, 20657, 21051, 21052, 21434, 21500, 21745, 21749, 23759, 23985, 23987, 23988 AND 23989 OF 2021 WP No. 11502 of 2021 and WMP Nos. 12242 & 12243 of 2021 Syed Jaffar Syed John Muhammad .. Petitioner

Versus

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 - 600 034 .. Respondents WP No. 11505 of 2021 and WMP Nos. 12247 & 12250 of 2021 Mouttou Sambandam .. Petitioner

Versus

1. Registrar of Companies, Puducherry No.7, Second Floor, Karuvadikuppam Main Road Senthamarai Nagar, Muthaialpet, Puducherry 605 003

2. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi - 110 001 ..Respondents WP No. 12550 of 2021 Melappati Chakravarthy .. Petitioner

Versus

The Registrar of Companies Ministry of the Registrar of Companies, Shastri Bhawan 26 Haddows Road Chennai - 600 034 ..Respondents WP No. 16548 of 2021 and WMP Nos. 17520 & 17521 of 2021 Salem Chinraj Parvathi Dhanapal (DIN: 03498613) .. Petitioner

Versus

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 - 600 034 ..Respondents WP No. 16583 of 2021 and WMP Nos. 17562 & 17564 of 2021 Kattukollai Shaashi Ravikumaar .. Petitioner

Versus

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 - 600 034 ..Respondents WP Nos. 16773 & 16777 of 2021 and WMP Nos. 17741 & 17745 of 2021 Deva Kirubaakaran .. Petitioner in W.P. No. 16773 of 2021 Krishnapalli .. Petitioner in W.P. No. 16777 of 2021

Versus

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 No.26, Haddows Road Chennai - 600 034 .. Respondents in both WPs.

WP No. 16800 of 2021 and WMP Nos. 17775 & 17776 of 2021 Mohanasundaram .. Petitioner

Versus

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

2. Registrar of Companies Tamilnadu, Coimbatore No. 7, AGT Business Park, I Floor, Phase II Avinashi Road, Civil Aerodrome Post Coimbatore - 641 014, Tamil Nadu .. Respondents WP No. 16848 of 2021 and WMP No. 17836 of 2021 & 17837 of 2021 E. Ravikumar .. Petitioner

Versus

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 - 600 034 .. Respondents

WP Nos. 17334, 17338 & 17343 of 2021 and WMP Nos. 18356, 18358, 18364, 18365, 18368 & 18370 of 2021 Kathirvel .. Petitioner in W.P. No. 17334 of 2021 Sengonda Gounder Nantheeswaran .. Petitioner in W.P. No. 17338 of 2021 Muthuvel .. Petitioner in W.P. No. 17343 of 2021

Versus

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 Tamilnadu, Coimbatore No.7, AGT Business Park, I Floor, Phase II Avinashi Road, Civil Aerdrome Post Coimbatore - 641 014 .. Respondents in all the WPs.

WP Nos. 17349 & 17356 of 2021 and WMP Nos. 18383, 18386 & 18392 of 2021 Jambulingam Ganesh .. Petitioner in W.P.No. 17349 of 2021 Bushan Jambulingam .. Petitioner in W.P.No. 17356 of 2021

Versus

1. The Registrar of Companies, The office of the Registrar of Companies, 5th Floor, Shastri Bhawan, No.26, Haddows Road, Chennai - 600 006.

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

.. Respondents in both WPs.

WP No. 17518 of 2021 and WMP Nos. 18619 & 18621 of 2021 Asha .. Petitioner

Versus

1. Registrar of Companies No. 26, Haddows Road Shastri Bhawan Chennai - 600 034

2. Union of India Represented by its Secretary Ministry of Corporate Affairs ShastriBhawan, Dr. Rajendra Prasad Road New Delhi - 110 001 ..Respondents WP No. 17724 of 2021 and WMP Nos. 18892 & 18894 of 2021 Shruthi Karthik .. Petitioner

Versus

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, Tamil Nadu,Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai - 600 034 ..Respondents WP No. 17860 of 2021 and WMP No. 19064 of 2021 & 19066 of 2021

Segu Mohamed Ahmed Najema .. Petitioner

Versus

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

2. The Registrar of Companies Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai - 600 034 ..Respondents WP No. 18195 of 2021 and WMP No. 19422 of 2021 & 19424 of 2021 Jayakumar Naveen Kumar .. Petitioner

Versus

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 Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai - 600 034 ..Respondents WP No. 18421 of 2021 and WMP Nos. 19635 & 19636 of 2021

Vijayananth Vinayagamoorthy .. Petitioner

Versus

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 Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan, No.26, Haddows Road, Chennai - 600 006 ..Respondents WP No. 19033 of 2021 and WMP Nos. 20296 & 20298 of 2021 Nagaraj Sharma Rajagopalan .. Petitioner

Versus

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 Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan No. 26 Haddows Road Chennai - 600 006 ..Respondents WP No. 19118 of 2021 and WMP No. 20405 of 2021

K. Selvam Manikandan .. Petitioner

Versus

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 Shastri Bhawan Haddows Road Chennai - 600 006 ..Respondents WP No. 19366 of 2021 and WMP Nos. 20656 & 20657 of 2021 Rajarajan Ramadoss .. Petitioner

Versus

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 Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan No. 26 Haddows Road Chennai - 600 006 ..Respondents WP No. 19779 of 2021 and WMP Nos. 21051 & 21052 of 2021

Madhavi .. Petitioner

Versus

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 No. 7, 2nd Floor Karuvadikuppam Main Road Senthamarai Nagar Puducherry - 605 003 ..Respondents WP No. 20166 of 2021 and WMP No. 21434 of 2021 Kumar Selvam .. Petitioner

Versus

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 Shastri Bhawan Haddows Road Chennai - 600 006 ..Respondents WP No. 20240 of 2021 and WMP No. 21500 of 2021 Kumar Thevar Selvam Vijayakumar .. Petitioner

Versus

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 Shastri Bhawan Haddows Road Chennai - 600 006 ..Respondents WP Nos. 20488 & 20492 of 2021 and WMP Nos. 21745 & 21749 of 2021 Natarajan Maheswari .. Petitioner in W.P.No. 20488 of 2021 Periyasamy Mohana .. Petitioner in W.P.No. 20492 of 2021

Versus

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 Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan No. 26 Haddows Road Chennai - 600 006 ..Respondents in both Wps.

WP No. 22531 of 2021 and WMP No. 23759 of 2021

1.R.V.Dinesh Kumar 2.D.Amutha Devi .. Petitioners

Versus

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 Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan No. 26 Haddows Road Chennai - 600 006 .. Respondents WP Nos. 22760 & 22763 of 2021 and WMP Nos. 23985, 23987, 23988 & 23989 of 2021 Joseph Mariyathas Penahas Earnest .. Petitioner in W.P.No. 22760 of 2021 Kanniyappan Vanmathi .. Petitioner in W.P.No. 22762 of 2021

Versus

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 Tamil Nadu, Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan No. 26 Haddows Road Chennai - 600 006 ..Respondents in both Wps.

WP No. 11502 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 13.12.2019 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 and consequentially direct the respondents herein to permit the petitioner (having DIN No.0647629) to get appointed as director in the company or appointed in any other company without any hindrance. WP No. 11505 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the impugned order dated 14.12.

2018 uploaded in the website of the 2nd respondent insofar as the petitioner herein is concerned with DIN Director Identification Number 06768015, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the 1st respondent to activate the Director Identification Number and Digital Signature of the petitioner or get appointed or reappointed as directr of any company without any hindrance. WP No. 12550 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to re-activate the Director Index Number DIN - 144869 of the petitioner.

WP No. 16548 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 17.12.2018 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 appoint as director in any other Company.

WP No. 16583 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 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 of the company without any hindrance.

WP No. 16773 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of 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 of the company without any bar.

WP No. 16777 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of 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 of the company without any bar.

WP No. 16800 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 07.12.2018 uploaded and hosted of th website of the 1st respondent insofar as the petitioner herein is concerned, quash the status "Disqualified under Section 164(2)" against the Direction Identification Number (DIN No. 06505267) 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.

WP No. 16848 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 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 of the company without any hindrance.

WP No. 17334 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd

respondent relating to the impugned order dated 17.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein vide DIN - 27698 is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get appoint as director in any Company without any hindrance. WP No. 17338 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 17.12.

2018 uploaded in the website of the 1st respondent insofar as the petitioner herein vide DIN - 27386 is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get appoint as director in any Company without any hindrance. WP No. 17343 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 17.12.

2018 uploaded in the website of the 1st respondent insofar as the petitioner herein vide DIN - 27663 is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get appoint as director in any Company without any hindrance. WP No. 17349 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in so far as the petitioner is concerned with (DIN) Director Identification Number 02809588 under Section 164(2)(a) of the companies Act, 2013 relating to the impugned order dated 17.12.

2018 uploaded in the website of the 2nd 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.

WP No. 17356 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in so far as the petitioner is concerned with (DIN) Director Identification Number 02809629 under Section 164(2)(a) of the companies Act, 2013 relating to the impugned order dated 17.12.2018 uploaded in the website of the 2nd 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.

WP No. 17518 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the impugned order dated 18.12.2018 uploaded in the website of the 2nd respondent insofar as the petitioner herein is concerned with DIN Director Identification Number 06722111, quash the same as illegal, arbitrary and devoid of merit and consequently direct the 1st respondent to activate the Director Identification Number and Digital Signature of the petitioner or get appointed or reappointed as director of any company without any hindrance.

WP No. 17724 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 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 the company.

WP No. 17860 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 01.11.2017 published in the website (MCA21) of the 1st respondent as so far as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequently direct the respondents herein to permit the petitioner to get reappointed as director of any company, continue or appointed as director in any company without any hindrance. WP No. 18195 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.

2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of the company.

WP No. 18421 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of

Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 08.07.2017 uploaded and hosted on the website of the 1st respondent and consequent impugned updated list of disqualification under section 164(2)A dated 01.11.2017 passed by the 2nd respondent, uploaded and hosted on the website of the 1st respondent insofar as the Petitioner herein is concerned, quash the status "Disqualified under section 164(2)" against his Director Identification Number (DIN No. 06450714) as illegal, arbitrary and deviod of merit and consequently direct the respondents herein to permit the petitioner to get reappointed as director in any company without hindrance.

WP No. 19033 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order of RoC Chennai dated 01.11.2017 published as "First List of Disqualified Directors - 164(2) (a) for the block years 2013-14, 2014-15, 2015-16 under ROC-Chennai as on 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 deviod of merit and consequently direct the respondents herein to permit the petitioner to get reappointed as director in any company without hindrance.

WP No. 19118 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent disqualifying the petitioner from being a Director of any Company at Entry No. 4003 corresponding to DIN 3601829 of the List of Disqualified Directors dated 18.12.2018 published in the website of the Respondent No. 2, quash the same as illegal, arbitrary and deviod of merits and consequentially direct the respondents herein to reactivate DIN No. 3601829 of the petitioner so that the petitioner could be continued/appointed/reappointed as director of any company. WP No.

19366 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders dated 01.11.2017 and 17.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same 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 without any hindrance.

WP No. 19779 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of 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 in so far as the petitioner is concerned with DIN Director Identification Number: 06768011 under Sec. 164(2)(a) of the Companies Act, 2013 and quash the same as illegal, arbitrary and deviod of merit and may direct the respondents to activate the Director Identification Number and Digital Signature of the petitioner or get appointed or re-appointed as director of any company without hindrance. WP No.

20166 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent No.2 disqualifying the petitioner from being a Director of any Company at Entry No. 4004 corresponding to DIN 3601831 of the List of Disqualified Directors dated 18.12.2018 published in the website of the Respondent No. 2, quash the same as illegal, arbitrary and deviod of merits and consequentially direct the respondents herein to reactivate DIN No. 3601831 of the petitioner so that the petitioner could be continued/appointed/reappointed as director of any company. WP No. 20240 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent No.

2 disqualifying the petitioner from being a Director of any Company at Entry No. 4005 corresponding to DIN 3604411 of the List of Disqualified Directors dated 18.12.2018 published in the website of the Respondent No. 2, quash the same as illegal, arbitrary and deviod of merits and consequentially direct the respondents herein to reactivate DIN No. 3604411 of the petitioner so that the petitioner could be continued/appointed/reappointed as director of any company. WP No. 20488 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 which is uploated in the website of the 1st respondent insofar as the petitioner(DIN: 01581143) herein quash the same or other orders. WP No.

20492 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 which is uploated in the website of the 1st respondent insofar as the petitioner(DIN: 02597873) herein quash the same or other orders.

WP No. 22531 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders 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 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 without any hindrance.

WP No. 22760 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders dated 13.12.2019 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same 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 without any hindrance.

WP No. 22762 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders dated 13.12.2019 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same 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 without any hindrance.

WP No. 11502 of 2021 For Petitioner :

M/s.G.Savitha For Respondents :

M/s.A.Anuradha Additional Central Government Standing Counsel WP No. 11505 of 2021 For Petitioner : Mr.K.M.Anand For Respondents : Mr.P.K.Ganesh

WP No. 12550 of 2021 For Petitioner : Mr.Govind Chandrasekhar For Respondents : Mr.K.Ramanamurthy Central Government Standing Counsel WP No. 16548 of 2021 For Petitioner : Mr.A.M.Ilango For Respondents : Mr.K.Ramanamurthy Central Government Standing Counsel WP No. 16583 of 2021 For Petitioner : Mr.Lavanesh T.S For Respondents : Mr.P.K.Ganesh Central Government Standing Counsel WP Nos. 16773 & 16777 of 2021 For Petitioner : Mr.T.Sai Krishnan For Respondents : Mr.N.Rajan WP No. 16800 of 2021 For Petitioner : Mr.Sam Jayaraj Houston For Respondents : No appearance WP No. 16848 of 2021 For Petitioner : Mr.Lavanesh T.S For Respondents : Mr.Sathish Rajan

WP Nos. 17334, 17338 & 17343 of 2021 For Petitioner : Mr. N.V.Prakash in all Wps. For Respondents : Mr.R.Subramanian in all WPs. Additional Central Government Standing Counsel WP No. 17349 & 17356 of 2021 For Petitioner : Mr.K.M. Anand for both Wps. For Respondents : Mr.S.Tirumalaisamy for both Wps.

WP No. 17518 of 2021 For Petitioner : Mr.K.M.Anand For Respondents : Mr.S.Thirumalaisamy Additional Central Government Standing Counsel WP No. 17724 of 2021 For Petitioner : Mr.D.Peruman Saranyan For Respondents : M/s.R.Durgarani Central Government Standing Counsel WP No. 17860 of 2021 For Petitioner : Mr.Annal.P For Respondents : M/s.Anuradha Additional Central Government Standing Counsel WP No. 18195 of 2021 For Petitioner : Mr.D.Peruman Saranyan For Respondents : Mr.K.Gangadaran Central Government Standing Counsel

WP No. 18421 of 2021 For Petitioner : Mr.Pawan Jhabakh For Respondents : Mr.K.B.Arul Additional Central Government Standing Counsel WP No. 19033 of 2021 For Petitioner : Mr.P.Srinivasan For Respondents : Mr.D.Simon Central Government Standing Counsel WP No. 19118 of 2021 For Petitioner : Mr.T.D.Selvan Babu WP No. 19366 of 2021 For Petitioner : Mr.B.Aparna WP No. 19779 of 2021 For Petitioner : Mr.P.Stella Mary For Respondents : Mr.G.Baskaran Additional Central Government Standing Counsel WP No. 20166 of 2021 For Petitioner : Mr.T.D.Selvan Babu For Respondents : Mr.S.Janarthanan Central Government Standing Counsel WP No. 20240 of 2021 For Petitioner : Mr.T.D.Selvan Babu For Respondents : Mr.S.Janarthanan Central Government Standing Counsel

WP Nos. 20488 & 20492 of 2021 For Petitioner(s) : Mr.T.V.Suresh Kumar for M/s.Genicon and Associates for both WP's For Respondents : Mr. Sidharth Additional Central Government Standing Counsel for both WP's WP No. 22531 of 2021 For Petitioner : M/s. T.M. Naidu and Co WP Nos. 22760 & 22762 of 2021 For Petitioner : Mr.K.S.Selva Prakash for both Wps For Respondents : Mr.R.K.Gandhi for both WPs. Central Government Standing Counsel COMMON ORDER The prayer made in these writ petitions is to issue a Certiorarified Mandamus, calling for the records of the respective respondents in so far as it relates to the publication of the list of disqualified Directors in which the names of the respective petitioners are included and the consequential deactivation of their Director Identification Number (DIN).

2.

According to the petitioners, the respondents herein released a list of disqualified directors under Section 164(2) (a) of the Companies Act, 2013, disqualifying them as directors of the various companies, in which, names of the petitioners were also included. In other words, the respondents, disqualified the petitioners as Directors for non-filing of financial statements or annual returns for continuous period of three financial years by the defaulting companies on whose board, the petitioner (s) is/are serving as a Director. According to the petitioners, by virtue of such disqualification, they could not be appointed or reappointed as director in any other company for a period of 5 years. Therefore, assailing the orders of disqualification mainly on

the ground that such orders have been passed in gross violation of principles of natural justice, the present writ petitions are filed.

3.

Today, when the writ petitions are taken up for consideration, the learned counsel appearing for the petitioners jointly submitted that the issue involved herein is no longer res integra. Earlier, this Court by order dated 03.08.2018 in WP. No. 25455 of 2017 etc. batch, in Bhagavan Das Dhananjaya Das case reported in (2018) 6 MLJ 704, allowed those writ petitions and set aside the orders dated 08.09.2017, 01.11.2017, 17.12.2018, etc. passed by the Registrar of Companies, disqualifying the petitioners therein to hold the office of directorship of the companies under Section 164(2)(a) of the Companies Act, which came into effect from 01.04.2014. Thereafter, yet another set of disqualified directors approached this court by filing WP.No.13616 of 2018 etc. batch (Khushru Dorab Madan v. Union of India) which were dismissed by order dated 27.

01.2020. The said order of the learned single judge was challenged by some of the petitioners therein before the Division Bench of this Court in W.A. No. 569 of 2020, etc. batch (Meethelaveetil Kaitheri Muralidharan v. Union of India, 2020 SCC OnLine Mad 2958 : (2020) 6 CTC 113), which after elaborately dealt with the issue as to whether the Registrar of Companies is entitled to deactivate the Director Identification Number (DIN), allowed those writ appeals on 09.10.

"41. As is evident from the above, Rules 9 and 10 deals with the application for allotment of DIN. Rule 10(6) specifies that the DIN is valid for the life time of the applicant and shall not be allotted to any other person. Rule 11 provides for the cancellation or surrender or deactivation of the DIN. It is very clear upon examining Rule 11 that neither cancellation nor deactivation is provided for upon disqualification under Section 164(2) of CA 2013. In this connection, it is also pertinent to refer to Section 167(1) of CA 2013 which provides for vacating the office of director by a director of a Defaulting Company. As a corollary, it follows that if a person is a director of five companies, which may be referred to as companies A to E, if the default is committed by company A by not filing financial statements or annual returns, the said director of company A would incur disqualification and would vacate office as director of companies B to E. However, the said person would not vacate office as director of company A. If such person does not vacate office and continues to be a

director of company A, it is necessary that such person continues to retain the DIN. In this connection, it is also pertinent to point out that it is not possible to file either the financial statements or the annual returns without a DIN. Consequently, the director of Defaulting Company A, in the above example, would be required to retain the DIN so as to make good the deficiency by filing the respective documents. Thus, apart from the fact that the AQD Rules do not empower the ROC to deactivate the DIN, we find that such deactivation would also be contrary to Section 164(2) read with 167(1) of CA 2013 inasmuch as the person concerned would continue to be a director of the Defaulting Company.

42. In light of the above analysis, we concur with the views of the Delhi High Court in Mukut Pathak, the Allahabad High Court in Jai Shankar Agrahari and the Gujarat High Court in Gaurang Balvantlal Shah to the effect that the ROC is not empowered to deactivate the DIN under the relevant rules. In Yashodhara Shroff, the Karnataka High Court upheld the constitutionality of Section 164(2) and proceeded to hold that a prior or post decisional hearing is not necessary. For reasons detailed in preceding paragraphs, we disagree with the view of the Karnataka High Court that prior notice is not required under Section 164(2) of CA 2013.

43. In the result, these appeals are allowed by setting aside the impugned order dated 27.01.2020. Consequently, the publication of the list of disqualified directors by the ROC and the deactivation of the DIN of the Appellants is hereby quashed. As a corollary to our conclusion on the deactivation of DIN, the DIN of the respective directors shall be reactivated within 30 days of the date of receipt of a copy of this order. Nonetheless, we make it clear that it is open to the ROC concerned to initiate action with regard to disqualification subject to an enquiry to decide the question of attribution of default to specific directors by taking into account the observations and conclusions herein. No costs. Consequently, connected miscellaneous petitions are closed."

4. The aforesaid submissions of the learned counsel for the petitioners have been conceded on the side of the respondents. It is also submitted by Mr. K. Ramanamurthy, learned Central

Government Standing Counsel appearing for some of the respondents in these writ petitions, on instructions, submitted that as directed by the Division Bench of this Court, the Registrar of Companies is in the process of conducting an enquiry to decide the extent of default committed by the individual Directors and subject to the outcome of such enquiry, appropriate orders will be passed. The said submission is recorded.

5.

Having regard to the above, all the writ petitions stand allowed, in the terms as indicated in the judgment in Meethelaveetil Kaitheri Muralidharan's case. No costs. Consequently, connected miscellaneous petitions are closed. It is needless to mention that the Registrar of Companies shall conduct an enquiry taking note of the observations made by the Division Bench of this Court, mentioned supra. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar dhk/rsh 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.

3. Registrar of Companies Tamilnadu, Coimbatore No. 7, AGT Business Park, I Floor, Phase II Avinashi Road, Civil Aerodrome Post Coimbatore - 641 014, Tamil Nadu

4. Registrar of Companies, Puducherry No.7, Second Floor, Karuvadikuppam Main Road Senthamarai Nagar, Muthaialpet, Puducherry 605 003.

+1cc to M/s.P.Annal, Advocate, S.R.No.56346 +1cc to M/s.Pawan Jhabakh, Advocate, S.R.No.55967 +1cc to M/s.K.Ramanamoorthy, Advocate, S.R.No.55782 +2ccs to M/s.T.L.Thirumalai Samy, Advocate, S.R.No.55770 & 55772 +2ccs to M/s.T.S.Lavanesh, Advocate, S.R.No.56260 & 56261 +2ccs to M/s.Genicon and Associates, Advocate, S.R.No.55813 & 55814 +1cc to M/s.B.Abarna, Advocate, S.R.No.56128 +1cc to M/s.Sam Jayaraj Houston, Advocate, S.R.No.55604 +1cc to M/s.G.Baskaran, Advocate, S.R.No.55556 +2ccs to M/s.K.M.Anand, Advocate, S.R.No.55551 & 55549 +1cc to M/s.A.Kamaraj, Advocate, S.R.No.55550 +2ccs to M/s.P.Stella Mary, Advocate, S.R.No.55540 +1cc to M/s.P.Srinivasan, Advocate, S.R.No.55541 +1cc to M/s.Govind Chandrasekar, Advocate, S.R.No.55588 WP Nos. 11502 of 2021 RP(CO) RLP(01/12/2021)