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2021 Supreme(Mad) 465

ABDUL QUDDHOSE
Arul Kumar Manickam – Appellant
Versus
Union of India, Represented by its Ministry of Corporate Affairs, New Delhi – Respondent


Advocates Appeared:
For the Petitioners:M. Kalyanaraman, Advocate.
For the Respondents: Madanagopal Rao, Central Government Standing Counsel.

JUDGMENT :

(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent relating to the impugned order dated 01.11.2017 uploaded in the website of the 1st respondent in so far as the petitioners herein are concerned, quash the same as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to permit petitioners to get re-appointed as Directors of the companies.)

1. These writ petitions have been filed challenging the disqualification of the petitioners as Directors under Section 164(2)(a) of the Companies Act, 2013 on the ground that they have not submitted their financial statements or annual returns for three financial years consecutively. The petitioners have challenged the common impugned order dated 01.11.2017 passed by the second respondent on the ground that without affording opportunity to the petitioners, the said order has been passed.

2. Mr.Madanagopal Rao, learned Central Government Standing Counsel accepts notice on behalf of the respondents. By consent of both parties, these Writ Petitions are taken up for final disposa

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