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2021 Supreme(Mad) 2027

V.BHARATHIDASAN
Natesan Balasubramanian – Appellant
Versus
Deputy Registrar of Companies, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Ashok Kumar, SC, A. Sasidharan, Advocate
For the Respondent: D. Ramesh Kumar, CGSC

JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking to call for the records in E.O.C.C.No.99 of 2016 pending on the file of the Additional Chief Metropolitan Magistrate (EOI), Chennai and to quash the same.)

1. Seeking to call for the records in E.O.C.C.No.99 of 2016 on the file of the learned Additional Chief Metropolitan Magistrate (EOI), Chennai and quash the same, the petitioner has come up with this petition.

2. The respondent, Deputy Registrar of Companies, filed a complaint against the petitioner alleging that, the petitioner in violation of Section 165(1) of the Companies Act, 2013, was holding the post of Director in 33 companies.

3. Mr.S.Ashok Kumar, learned senior counsel appearing for the petitioner submitted that out of the 33 companies, admittedly he resigned from four companies and 1 company become defunct another 10 companies were amalgamated with another and dissolved. In such circumstances, the petitioner was holding the post of Director only in 18 companies, which is permissible under Section 165(1) of the Companies Act.

4. The learned senior counsel for the petitioner further referred to the counter affidavit filed by the respon

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