Madras High Court
Rasipuram Balakrishnan vs Union Of India on 30 April, 2019
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.No.13580 of 2019
and
W.M.P.Nos.13656 & 13658 of 2019
Rasipuram Balakrishnan ...Petitioner
Vs.
1. Union of India
Represented by its
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,
Shastri Bhawan, 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
01.11.2017 uploaded in the website of the 1st respondent insofar as
the petitioner herein is concerned with Director Identification Number
2240787 and quash the same as illegal, arbitrary and devoid of merit
and consequentially, direct the respondents herein to permit the
petitioner to continue as a Director or get appointed or reappointed as
Director of any Company without any hindrance.
http://www.judis.nic.in
2
For Petitioner : Mr.R.Rajesh
For Respondents : Ms.Swarnalatha
Central Government
Standing Counsel
ORDER
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 01.11.2017, disqualifying him as the Director of the 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 http://www.judis.nic.in 3 impugned order is set aside. No costs. Consequently, connected miscellaneous petitions are closed.
30.04.2019 Speaking/Non Speaking Index : Yes / No Internet : Yes / No mk To
1. Union of India Represented by its 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, Shastri Bhawan, 26, Haddows Road, Chennai-600 034.
http://www.judis.nic.in 4 K.RAVICHANDRABAABU,J.
mk W.P.No.13580 of 2019 30.04.2019 http://www.judis.nic.in