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[Cites 1, Cited by 0]

Madras High Court

Swaran Singh Jaggi vs Union Of India on 26 April, 2019

Author: K.Ravichandrabaabu

Bench: K.Ravichandrabaabu

                                                         1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 26.04.2019

                                                      CORAM

                             THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU

                                              W.P.No.12585 of 2019
                                                      and
                                        W.M.P.Nos.12829 and 12834 of 2019

                      Swaran Singh Jaggi                               ...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. Registrar of Companies
                         Tamil Nadu, Chennai
                         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
                      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 merit and consequentially direct 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.
http://www.judis.nic.in
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                                            For Petitioner  : Mr.M.Elayaraja
                                            For Respondents : Mr.J.Madanagopal Rao
                                                              Central Government
                                                              Standing Counsel


                                                        ORDER

Mr.J.Madanagopal Rao, 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 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.

http://www.judis.nic.in 3

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.

26.04.2019 Speaking/Non Speaking Index : Yes / No Internet : Yes / No mk To

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-600 034.

http://www.judis.nic.in 4 K.RAVICHANDRABAABU,J.

mk W.P.No.12585 of 2019 26.04.2019 http://www.judis.nic.in