Madras High Court
A.Jayashree vs Union Of India on 30 March, 2022
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.No.7404 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.7404 of 2022 &
WMP.Nos.7411 and 7413 of 2022
A.Jayashree ... Petitioner
Vs
1.Union of India,
Represented by its Secretary,
Ministry of Corporate Affairs,
Shastri Bhawan, Dr.Rajendra Prasad Road,
New Delhi-110001.
2.The Registrar of Companies,
Tamil Nadu Chennai
Block No.6, B Wing, 2nd Floor,
Shastri Bhawan,
No.26, Haddows Road,
Chennai 600 006. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorarified Mandamus
calling for the records of the 2nd Respondent relating to the impugned
order dated 18.12.2018 which is uploaded in the website of the 1st
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https://www.mhc.tn.gov.in/judis
W.P.No.7404 of 2022
respondent in so far as the petitioner (DIN: 01685767) herein and quash
the same and direct the 2nd respondent to activate the petitioner's DIN:
01685767.
For Petitioner : Mr.S.Lakshmi Narayanan
For Respondents : Ms.A.Anuradha,
Central Government Standing Counsel
ORDER
Ms.A.Anuradha, learned Central Government Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the matter finally. Hence, by consent expressed by both counsel, this Writ Petition is disposed finally even at the stage of admission.
2. Both learned counsel would concur on the position that the issue that arises in this Writ Petition, being the disqualification of the petitioner as a Director in M/s.Amirdam Food Private Limited is liable to be set aside in light of decision of the First Bench of this Court in Meethelaveetil Kaitheri Muralidharan Vs Union of India in W.A.No.569 of 2020 reported in [2020 (7) Mad LJ 641] wherein while considering identical cases of disqualification of Directors without notice, this Court 2/6 https://www.mhc.tn.gov.in/judis W.P.No.7404 of 2022 has been pleased to set aside the publication of such list by the Registrar of Companies and the consequent deactivation of Director Identification Number (DIN).
3. I have had an occasion to consider the similar issue on 18.02.2022 in W.P.No.2889 of 2022 and applying the aforesaid decision, have passed the following order:
Mr.K.B.Arul, learned Additional Central Government Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the matter finally. Hence, by consent of both counsel, this Writ Petition is disposed finally even at the stage of admission.
2. The petitioner is a Director in a company under the name and style of Super Tech Solar System Private Limited. He challenges the records of the second respondent, i.e., the Registrar of Companies, Tamil Nadu, Chennai dated 01.11.2017 read with updated list dated 17.12.2018 uploaded on the website of the 1st respondent, i.e., Union of India, rep. by its Ministry of Corporate Affairs and quash of the same.
3. The necessity for the challenge at this point of time despite the list having been reflected in the website of R1as early as in 2017 is for the reason that the petitioner seeks re-
employment as a Director in another company and the aforesaid disqualification poses a hindrance to the same.
4. Learned Counsel for the respondents would admit that such disqualification was without any notice having been issued to the petitioner. In this connection, both the learned counsel drawn my attention to the decision of Division Bench of this Court in the case of Meethelaveetil Kaitheri Muralidharan Vs Union of India in W.A.No.569 of 2020 reported in [2020 (7) Mad LJ 641] wherein while considering identical cases of disqualification of directors without notice, this Court has been 3/6 https://www.mhc.tn.gov.in/judis W.P.No.7404 of 2022 pleased to set aside the publication of such list by the Registrar of Companies and the consequent deactivation of Director Identification Number (DIN).
5. The operative portion of the decision reads as follows:
“...
43. In the result, these appeals are allowed by setting aside the impugned order dated 27.01.2020.
Consequently, the publication of the list of disqualified directors by the ROC and the deactivation of the DIN of the Appellants is hereby quashed. As a corollary to our conclusion on the deactivation of DIN, the DIN of the respective directors shall be reactivated within 30 days of the date of receipt of a copy of this order. Nonetheless, we make it clear that it is open to the ROC concerned to initiate action with regard to disqualification subject to an enquiry to decide the question of attribution of default to specific directors by taking into account the observations and conclusions herein.”
6. In light of the identity of facts between the present Writ Petition and in the matters dealt with by the First Bench in the aforesaid batch, the same order is taken to be passed in the present Writ Petition as well. The disqualification of the Director stands quashed and consequently, his DIN shall be reactivated within a period of 30 days from today.
7. This Writ Petition allowed. No costs. Consequently, connected miscellaneous petitions are closed.
4. In light of the identity of facts between the present Writ Petition and in the matters dealt with by the First Bench in the aforesaid batch, the same order is taken to be passed in the present Writ Petition as well. The disqualification of the Director stands quashed and 4/6 https://www.mhc.tn.gov.in/judis W.P.No.7404 of 2022 consequently, his DIN shall be reactivated within a period of 30 days from today.
5. This Writ Petition allowed. No costs. Consequently, connected miscellaneous petitions are closed.
30.03.2022 vs/ska Index : Yes/No Speaking Order/Non-speaking order To
1.Union of India, Represented by its Secretary, Ministry of Corporate Affairs, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110001.
2.The Registrar of Companies, Tamil Nadu Chennai Block No.6, B Wing, 2nd Floor, Shastri Bhawan, No.26, Haddows Road, Chennai 600 006.
5/6https://www.mhc.tn.gov.in/judis W.P.No.7404 of 2022 DR.ANITA SUMANTH, J.
vs/ska W.P.No.7404 of 2022 & WMP.Nos.7411 and 7413 of 2022 30.03.2022 6/6 https://www.mhc.tn.gov.in/judis