Ahamed Anwar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.12807, 12818, 12821 & 12822 of 2019 and W.M.P.Nos.13014, 13015, 13017, 13018, 13021, 13022, 13023 & 13024 of 2019 Ahamed Anwar

...Petitioner

(in WP.No.12807 of 2019) Thaika Sheik Omer Hameed Shah

...Petitioner

(in WP.No.12818 of 2019) Ratnesh Mootha ... Petitioner (in WP.No.12821 of 2019) Ayyemperumal Velayutham Karunanithi ... Petitioner (in WP.No.12822 of 2019) 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, Shastri Bhawan Block No.6, B Wing, 2nd Floor 26, Haddows Road, Chennai-600 006.

...Respondents

(in all Wps) Writ Petitions 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 orders dated 01.11.2017 published in the website (MCA21) of the 1st respondent insofar as the petitioners herein are concerned, quash the same as illegal, arbitrary and devoid of merit and consequently, directing the respondents herein to permit the petitioners to get reappointed as Directors of any Company, continue or appointed as Directors in any Company without any hindrance.

For Petitioner : Mr.P.Annal (in all Wps) For Respondents: Ms.R.Durgarani Central Government Standing Counsel (in all WPs) C O M M O N O R D E R Ms.R.Durgarani, learned Central Government Standing Counsel takes notice for the respondents. By consent of the parties, these writ petitions are taken up for final disposal at the admission stage itself.

2. The petitioners are aggrieved against the impugned orders dated 01.11.2017, disqualifying them as the Directors of the concerned Company.

3. It is not in dispute that the issue involved in these cases, 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.

4. In view of the above, these Writ Petitions are allowed and the impugned orders are set aside. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk

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

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

+4cc to M/s.P.Annal, Advocate sr.41446 to 41449 W.P.Nos. 12807, 12818, 12821 & 12822 of 2019 nr 28/06/2019