R.James, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.01.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.11490 of 2019 and WMP.Nos.11757 and 11758 of 2019 R.James .. Petitioner ..Vs..

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

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

..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 2nd respondent relating to the impugned order/DIN status dated NIL uploaded in the website of the 1st respondent in so far as the petitioner vide DIN01034516 herein is concerned disqualifying the petitioner from holding the office of Directorship of Companies under Section 164(2) (a) of the Companies Act, 2013, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to revive/reinstate the DIN01034516 permit petitioner to get reappointed as Director of any Company or appointed as Director of any company without any hindrance.

For Petitioner : Mr.Menon For Respondents : Mr.V.Athikesavan, Central Government Standing Counsel 1/2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

It is stated that the company namely M/s.Madeshwar Realty Private Limited has been registered after orders passed under Section 252 of the Companies Act. But the Director Identity Number of the petitioner has been deactivated.

2. It would be the advantage to the petitioner if he were to represent to the Registrar of the company for resolving the issues. On disposal of the said representation if it adverse to the petitioner, the petitioner is at liberty to approach this Court again.

3. The learned counsel for the petitioner has also made the following endorsement to that effect:

"The petitioner may be permitted to approach the Registrar of Companies to resolve the issue and the company has also been restored and in case there is any adversarial decision by the ROC, the petitioner may be permitted / granted liberty to re-apply to this Court."

4. In view of the above, this writ petition is dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Ministry of Corporate Affairs, Union of India, 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 - 600 006.

+1 cc to M/s.Menon, Advocate Sr.No. 7500 AKM/03.03.2020/2P-4C / W.P.No.11490 of 2019 and WMP.Nos.11757 and 11758 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/