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2021 Supreme(Mad) 292

ABDUL QUDDHOSE
Balakrishnan Arivunambi – Appellant
Versus
Union of India, Represented by its Ministry of Corporate Affairs, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rajeswaran, Advocate.
For the Respondents: T.L. Thirumalaisamy, Central Government Standing Counsel.

JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the second respondent relating to the impugned order dated 08.09.2021 read with the updated list dated 01.11.2017 uploaded and hosted on the website of the 1st respondent in so far as the petitioner (DIN No.: 02311352) is concerned, quash the same as illegal, arbitrary and devoid of merits and consequently direct the respondents herein to permit the petitioner herein (DIN No.06761496) to get reappointed as Director of any company or appointed as Director in any company without any hindrance.)

1. This writ petition has been filed challenging the disqualification of the petitioner as Director under Section 164(2)(a) of the Companies Act, 2013 on the ground that he has not submitted financial statements for three consecutive financial years. The petitioner has challenged the impugned order dated 08.09.2021 read with the updated list dated 01.11.2017 passed by the second respondent on the ground that without affording opportunity to the petitioner, the said order has been passed.

2. Mr.T.L.Thirumalaisamy, learned Central Government

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