Namrata Nayak v. 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.12865, 12871 & 12875 of 2019 and W.M.P.Nos.13060, 13063, 13064, 13065, 13067 & 13068 of 2019 Namrata Nayak

...Petitioner

(in WP.No.12865 of 2019) Rajalakshmi Rathnala Seethapathy

...Petitioner

(in WP.No.12871 of 2019) Priya Venugopal ... Petitioner (in WP.No.12875 of 2019) Vs.

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 Tamil Nadu, Chennai, Block No.6, B Wing, 2nd Floor Shastri Bhawan 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 uploaded in the website of the 1st respondent insofar as the petitioners herein vide DIN 02360079, 00996250 and 01096692 are concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially, direct the respondents herein to permit the petitioners to continue as Director of aforementioned companies in 2(i) to (iii), 2(ii) and 2(ii) respectively, to get reappointed as Directors of any Company or appointed as Directors in any company without any hindrance.

For Petitioners : M/s.Hema Srinivasan (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 //True Copy// Sub Assistant Registrar mk 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 Tamil Nadu, Chennai, Block No.6, B Wing, 2nd Floor Shastri Bhawan, 26 Haddows Road, Chennai-600 006.

+1 cc to M/s.Hema Srinivasan, Advocate, S.R.No.41048 W.P.Nos.12865, 12871 & 12875 of 2019 PPA(CO) SSM(28/05/2019)