M.Amarjothi v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.13285 of 2019 and W.M.P.Nos.13397 & 13400 of 2019 M.Amarjothi

...Petitioner

Vs.

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, 26, Haddows Road, Chennai-600 034.

...Respondents

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 dated 03.11.2017 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 both 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.P.James Victor Rajkumar For Respondents : Ms.Swarnalatha Central Government Standing Counsel

O R D E R

Ms.Swarnalatha, 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.

2. The petitioner is aggrieved against the impugned order dated 03.11.2017, disqualifying her as the Director of the https://hcservices.ecourts.gov.in/hcservices/

concerned Company.

3. 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.

4. 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(Audit) //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 Block No.6, B Wing, 2nd Floor, Haddows Road, Nungambakkam, Chennai-600 034.

+1cc to Mr.P.James Victor Rajkumar, Advocate, S.R.No.42855 W.P.No.13285 of 2019 (BR(CO) SSM(11/06/2019) https://hcservices.ecourts.gov.in/hcservices/