Mr.,Krishnaswamy v. The Registrar Of Companies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9630 of 2020 and W.M.P.Nos.11757 & 11758 of 2020 Krishnaswamy Senthil Vadivelan S/o.Krishnaswamy ... Petitioner Vs.

1.The Registrar of Companies AGT Business Park, Avinashi Rd., Civil Aerodrome Post, Coimbatore Tamil Nadu.

2.Union of India Through its Secretary Ministry of Corporate Affairs 5th Floor, A Wing "SHASTRI BHAVAN"

New Delhi - 110 001.

...Respondents

Prayer:

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 1st respondent relating to the impugned order dated 08.09.2017 uploaded in the website of the 2nd respondent insofar as the petitioner herein is concerned and quash the same as illegal, arbitrary and devoid of merits and consequently, 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 :

Mr.G.Sudhakar For Respondents:

Mr.J.Madanagopal Rao

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

https://hcservices.ecourts.gov.in/hcservices/

2. Mr.J.Madanagopal Rao, 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.

3. The petitioner is aggrieved against the impugned order dated 08.09.2017, disqualifying him as the Director of the concerned Company.

4. 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.

5. 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 To 1.The Registrar of Companies AGT Business Park, Avinashi Rd., Civil Aerodrome Post, Coimbatore Tamil Nadu.

2.Union of India Through its Secretary Ministry of Corporate Affairs 5th Floor, A Wing "SHASTRI BHAVAN"

New Delhi - 110 001.

+1cc to Mr.G.Sudhakar, Advocate Sr.25670 W.P.No.9630 of 2020 ssv[co] srg 07/08/2020 https://hcservices.ecourts.gov.in/hcservices/