The High Court of Madras allowed the petitioner's writ petition challenging his disqualification as a Director. Relying on prior decisions setting aside similar actions, the Court quashed the impugned order without costs.
The impugned order of disqualification dated 01.11.2017 is set aside. Connected miscellaneous petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.No.5356 of 2020
and
W.M.P.Nos.6293 & 6294 of 2020
Velusamy Maniraj ...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, Coimbatore, No.7, AGT Business Park, Phase II, I Floor, Civil Aerodrome Post, Peelamedu, Coimbatore - 641 014. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for 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 is concerned with (DIN) Director Identification Number: 02080785, Under Sec.164(2)(a) of the Companies Act 2013, and quash the same as illegal, arbitrary and devoid of merits and consequently, direct the respondents to activate the Director Identification Number and Digital Signature of the petitioner or get appointed or reappointed as Director of any Company without any hindrance.
For Petitioner : Mr.M.Velu For Respondents : Mr.J.Madana Gopal Rao, Standing Counsel
O R D E R
Mr.J.Madana Gopal Rao, learned 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.
W.P.No.5356 of 2020
2 issues framed by the court
Whether the petitioner was properly disqualified as a Director under Section 164(2)(a) of the Companies Act, 2013.
Whether the Writ Petition should be allowed to set aside the order of disqualification.
Velusamy Maniraj
Union of India
Registrar of Companies, Tamil Nadu
K. Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
