IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.10.2021 CORAM THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. Nos. 11502, 11505, 12550, 16548, 16583, 16773, 16777, 16800, 16848, 17334, 17338, 17343, 17349, 17356, 17518, 17724, 17860, 18195, 18421, 19033, 19118, 19366, 19779, 20166, 20240, 20488, 20492, 22531, 22760 and 22762 of 2021 and W.M.P. Nos. 12242, 12243, 12247, 12250, 17520, 17521, 17562, 17564, 17741, 17745, 17775, 17776, 17837, 18356, 18364, 18365, 18368, 18370, 18383, 18386, 18392, 18619, 18621, 18892, 18894, 19066, 19424, 19635, 19636, 20296, 20298, 20405, 20656, 20657, 21051, 21052, 21434, 21500, 21745, 21749, 23759, 23985, 23987, 23988 and 23989 of 2021 WP No. 11502 of 2021 and WMP Nos. 12242 & 12243 of 2021 Syed Jaffar Syed John Muhammad .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 .. Respondents WP No. 11505 of 2021 and WMP Nos. 12247 & 12250 of 2021 Mouttou Sambandam .. Petitioner Versus
1. Registrar of Companies, Puducherry No.7, Second Floor, Karuvadikuppam Main Road Senthamarai Nagar Puducherry 605 003
2. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001 ..Respondents WP No. 12550 of 2021 Melappati Chakravarthy .. Petitioner Versus The Registrar of Companies Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 ..Respondents WP No. 16548 of 2021 and WMP Nos. 17520 & 17521 of 2021 Salem Chinraj Parvathi Dhanapal (DIN: 03498613) .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 ..Respondents WP No. 16583 of 2021 and WMP Nos. 17562 & 17564 of 2021 Kattukollai Shaashi Ravikumar .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 ..Respondents WP Nos. 16773 & 16777 of 2021 and WMP Nos. 17741 & 17745 of 2021 Deva Kirubaakaran .. Petitioner in W.P. No. 16773 of 2021 Krishnapalli .. Petitioner in W.P. No. 16777 of 2021 Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 .. Respondents in both WPs.
WP No. 16800 of 2021 and WMP Nos. 17775 & 17776 of 2021 Mohanasundaram .. Petitioner Versus
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 Tamilnadu, Coimbatore No. 7, AGT Business Park, I Floor, Phase II Avinashi Road, Civil Aerodrome Post Coimbatore – 641 014, Tamil Nadu .. Respondents WP No. 16848 of 2021 and WMP No. 17837 of 2021 E. Ravikumar .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 .. Respondents WP Nos. 17334, 17338 & 17343 of 2021 and WMP Nos. 18356, 18358, 18364, 18365, 18368 & 18370 of 2021 Kathirvel .. Petitioner in W.P. No. 17334 of 2021 Sengonda Gounder Nantheeswaran .. Petitioner in W.P. No. 17338 of 2021 Muthuvel .. Petitioner in W.P. No. 17343 of 2021 Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Tamilnadu, Coimbatore No.7, AGT Business Park, I Floor, Phase II Avinashi Road, Civil Aerdrome Post Coimbatore – 641 014 .. Respondents in all the WPs.
WP Nos. 17349 & 17356 of 2021 and WMP Nos. 18383, 18386 & 18392 of 2021 Jambulingam Ganesh .. Petitioner in W.P.No. 17349 of 2021 Bushan Jambulingam .. Petitioner in W.P.No. 17356 of 2021 Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 .. Respondents in both WPs.
WP No. 17518 of 2021 and WMP Nos. 18619 & 18621 of 2021 Asha .. Petitioner Versus
1. Registrar of Companies No. 26, Haddows Road Shastri Bhawan Coimbatore – 600 034
2. Union of India Represented by its Secretary Ministry of Corporate Affairs ShastriBhawan, Dr. Rajendra Prasad Road New Delhi – 110 001 ..Respondents WP No. 17724 of 2021 and WMP Nos. 18892 & 18894 of 2021 Shruthi Karthik .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies, Tamil Nadu,Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 ..Respondents WP No. 17860 of 2021 and WMP No. 19066 of 2021 Segu Mohamed Ahmed Najema .. Petitioner Versus
1. Union of India Represented by its Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Tamil Nadu,Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 ..Respondents WP No. 18195 of 2021 and WMP No. 19424 of 2021 Jayakumar Naveen Kumar .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Tamil Nadu,Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 034 ..Respondents WP No. 18421 of 2021 and WMP Nos. 19635 & 19636 of 2021 Vijayananth Vinayagamoorthy .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Tamil Nadu,Chennai Block No. 6, B Wing 2nd Floor Shastri Bhawan 26 Haddows Road Chennai – 600 006 ..Respondents WP No. 19033 of 2021 and WMP Nos. 20296 & 20298 of 2021 Nagaraj Sharma Rajagopalan .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
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 WP No. 19118 of 2021 and WMP No. 20405 of 2021 K. Selvam Manikandan .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Shastri Bhawan Haddows Road Chennai – 600 006 ..Respondents WP No. 19366 of 2021 and WMP Nos. 20656 & 20657 of 2021 Rajarajan Ramadoss .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
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 WP No. 19779 of 2021 and WMP Nos. 21051 & 21052 of 2021 Madhavi .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies No. 7, 2nd Floor Karuvadikuppam Main Road Senthamarai Nagar Puducherry – 605 003 ..Respondents WP No. 20166 of 2021 and WMP No. 21434 of 2021 Kumar Selvam .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Shastri Bhawan Haddows Road Chennai – 600 006 ..Respondents WP No. 20240 of 2021 and WMP No. 21500 of 2021 Kumar Thevar Selvam Vijayakumar .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
2. The Registrar of Companies Shastri Bhawan Haddows Road Chennai – 600 006 ..Respondents WP Nos. 20488 & 20492 of 2021 and WMP Nos. 21745 & 21749 of 2021 Natarajan Maheswari .. Petitioner in W.P.No. 20488 of 2021 Periyasamy Mohana .. Petitioner in W.P.No. 20492 of 2021 Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
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 in both WPs.
WP No. 22531 of 2021 and WMP No. 23759 of 2021 R.V. Dinesh Kumar .. Petitioner Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
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 WP Nos. 22760 & 22763 of 2021 and WMP Nos. 23985, 23987, 23988 & 23989 of 2021 Joseph Mariyathas Penahas Earnest .. Petitioner in W.P.No. 22760 of 2021 Kanniyappan Vanmathi .. Petitioner in W.P.No. 22762 of 2021 Versus
1. Union of India Represented by its Secretary Ministry of Corporate Affairs Shastri Bhawan Dr. Rajendra Prasad Road New Delhi – 110 001
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 in both WPs.
WP No. 11502 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 13.12.2019 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned and quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner (having DIN No.0647629) to get appointed as director in the company or appointed in any other company without any hindrance.
WP No. 11505 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the impugned order dated 14.12.2018 uploaded in the website of the 2nd respondent insofar as the petitioner herein is concerned with DIN Director Identification Number 06768015, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the 1st respondent to activate the Director Identification Number and Digital Signature of the petitioner or get appointed or reappointed as directr of any company without any hindrance.
WP No. 12550 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to re-activate the Director Index Number DIN – 144869 of the petitioner.
WP No. 16548 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 17.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get appoint as director in any other Company.
WP No. 16583 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as director of the company without any hindrance.
WP No. 16773 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the 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 herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as director of the company without any bar.
WP No. 16777 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the 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 herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as director of the company without any bar.
WP No. 16800 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 07.12.2018 uploaded and hosted of th website of the 1st respondent insofar as the petitioner herein is concerned, quash the status “Disqualified under Section 164(2)” against the Direction Identification Number (DIN No. 06505267) as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as Director in any company without any hindrance.
WP No. 16848 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as director of the company without any hindrance.
WP No. 17334 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 17.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein vide DIN – 27698 is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get appoint as director in any Company without any hindrance.
WP No. 17338 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 17.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein vide DIN – 27386 is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get appoint as director in any Company without any hindrance.
WP No. 17343 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 17.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein vide DIN – 27663 is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get appoint as director in any Company without any hindrance.
WP No. 17349 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in so far as the petitioner is concerned with (DIN) Director Identification Number 02809588 under Section 164(2)(a) of the companies Act, 2013 relating to the impugned order dated 17.12.2018 uploaded in the website of the 2nd respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as Director in any company without any hindrance.
WP No. 17356 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in so far as the petitioner is concerned with (DIN) Director Identification Number 02809629 under Section 164(2)(a) of the companies Act, 2013 relating to the impugned order dated 17.12.2018 uploaded in the website of the 2nd respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as Director in any company without any hindrance.
WP No. 17518 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the impugned order dated 18.12.2018 uploaded in the website of the 2nd respondent insofar as the petitioner herein is concerned with DIN Director Identification Number 06722111, quash the same as illegal, arbitrary and devoid of merit and consequently direct the 1st respondent 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.
WP No. 17724 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of the company.
WP No. 17860 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 01.11.2017 published in the website (MCA21) of the 1st respondent as so far as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merit and consequently direct the respondents herein to permit the petitioner to get reappointed as director of any company, continue or appointed as director in any company without any hindrance. WP No. 18195 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 18.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and unconstitutional and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of the company.
WP No. 18421 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order dated 08.07.2017 uploaded and hosted on the website of the 1st respondent and consequent impugned updated list of disqualification under section 164(2)A dated 01.11.2017 passed by the 2nd respondent, uploaded and hosted on the website of the 1st respondent insofar as the Petitioner herein is concerned, quash the status “Disqualified under section 164(2)” against his Director Identification Number (DIN No. 06450714) as illegal, arbitrary and deviod of merit and consequently direct the respondents herein to permit the petitioner to get reappointed as director in any company without hindrance.
WP No. 19033 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned order of RoC Chennai dated 01.11.2017 published as “First List of Disqualified Directors – 164(2) (a) for the block years 2013-14, 2014-15, 2015-16 under ROC-Chennai as on 01.11.2017” uploaded in the website of the 1st respondent insofar as the Petitioner herein is concerned, quash the same as illegal, arbitrary and deviod of merit and consequently direct the respondents herein to permit the petitioner to get reappointed as director in any company without hindrance.
WP No. 19118 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent disqualifying the petitioner from being a Director of any Company at Entry No. 4003 corresponding to DIN 3601829 of the List of Disqualified Directors dated 18.12.2018 published in the website of the Respondent No. 2, quash the same as illegal, arbitrary and deviod of merits and consequentially direct the respondents herein to reactivate DIN No. 3601829 of the petitioner so that the petitioner could be continued/appointed/reappointed as director of any company.
WP No. 19366 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders dated 01.11.2017 and 17.12.2018 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merits and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as Director in any company without any hindrance.
WP No. 19779 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling 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 petitioner is concerned with DIN Director Identification Number: 06768011 under Sec. 164(2)(a) of the Companies Act, 2013 and quash the same as illegal, arbitrary and deviod of merit and may direct the respondents to activate the Director Identification Number and Digital Signature of the petitioner or get appointed or re-appointed as director of any company without hindrance.
WP No. 20166 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent No.2 disqualifying the petitioner from being a Director of any Company at Entry No. 4004 corresponding to DIN 3601831 of the List of Disqualified Directors dated 18.12.2018 published in the website of the Respondent No. 2, quash the same as illegal, arbitrary and deviod of merits and consequentially direct the respondents herein to reactivate DIN No. 3601831 of the petitioner so that the petitioner could be continued/appointed/reappointed as director of any company.
WP No. 20240 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent No.2 disqualifying the petitioner from being a Director of any Company at Entry No. 4005 corresponding to DIN 3604411 of the List of Disqualified Directors dated 18.12.2018 published in the website of the Respondent No. 2, quash the same as illegal, arbitrary and deviod of merits and consequentially direct the respondents herein to reactivate DIN No. 3604411 of the petitioner so that the petitioner could be continued/appointed/reappointed as director of any company.
WP No. 20488 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for 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 uploated in the website of the 1st respondent insofar as the petitioner(DIN: 01581143) herein quash the same or other orders.
WP No. 20492 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for 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 uploated in the website of the 1st respondent insofar as the petitioner(DIN: 02597873) herein quash the same or other orders.
WP No. 22531 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders dated 01.11.2017 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merits and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as Director in any company without any hindrance.
WP No. 22760 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders dated 13.12.2019 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merits and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as Director in any company without any hindrance.
WP No. 22762 of 2021:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the impugned orders dated 13.12.2019 uploaded in the website of the 1st respondent insofar as the petitioner herein is concerned, quash the same as illegal, arbitrary and devoid of merits and consequentially direct the respondents herein to permit the petitioner to get reappointed as director of any company or appointed as Director in any company without any hindrance.
WP No. 11502 of 2021 For Petitioner : M/s. G. Savitha For Respondents : M/s. A. Anuradha Additional Central Government Standing Counsel WP No. 11505 of 2021 For Petitioner : Mr.K.M. Anand For Respondents : Mr. P.K. Ganesh WP No. 12550 of 2021 For Petitioner : Mr. Govind Chandrasekhar For Respondents : Mr. K. Ramanamurthy Central Government Standing Counsel WP No. 16548 of 2021 For Petitioner : Mr. A.M. Ilango For Respondents : Mr. K. Ramanamurthy Central Government Standing Counsel WP No. 16583 of 2021 For Petitioner : Mr.Lavanesh T.S For Respondents : Mr. P.K. Ganesh Central Government Standing Counsel WP Nos. 16773 & 16777 of 2021 For Petitioner : Mr. T.Sai Krishnan For Respondents : Mr.N. Rajan WP No. 16800 of 2021 For Petitioner : Mr. Sam Jayaraj Houston For Respondents : No appearance WP No. 16848 of 2021 For Petitioner : Mr. Lavanesh T.S For Respondents : Mr. Sathish Rajan WP Nos. 17334, 17338 & 17343 of 2021 For Petitioner : Mr. N.V.Prakash in all WPs.
For Respondents : Mr.R.Subramanian in all WPs.
Additional Central Government Standing Counsel WP No. 17349 & 17356 of 2021 For Petitioner : Mr.K.M. Anand for both WPs.
For Respondents : Mr.S.Tirumalaisamy for both WPs.
WP No. 17518 of 2021 For Petitioner : Mr. K.M. Anand For Respondents : Mr. S. Thirumalaisamy Additional Central Government Standing Counsel WP No. 17724 of 2021 For Petitioner : Mr. D. Peruman Saranyan For Respondents : M/s. R. Durgarani Central Government Standing Counsel WP No. 17860 of 2021 For Petitioner : Mr. Annal.P For Respondents : M/s. Anuradha Additional Central Government Standing Counsel WP No. 18195 of 2021 For Petitioner : Mr. D.Peruman Saranyan For Respondents : Mr. K. Gangadaran Central Government Standing Counsel WP No. 18421 of 2021 For Petitioner : Mr. Pawan Jhabakh For Respondents : Mr. K.B. Arul Additional Central Government Standing Counsel WP No. 19033 of 2021 For Petitioner : Mr. P. Srinivasan For Respondents : Mr. D. Simon Central Government Standing Counsel WP No. 19118 of 2021 For Petitioner : Mr. T.D. Selvan Babu WP No. 19366 of 2021 For Petitioner : Mr. B. Aparna WP No. 19779 of 2021 For Petitioner : Mr. P. Stella Mary For Respondents : Mr. G. Baskaran Additional Central Government Standing Counsel WP No. 20166 of 2021 For Petitioner : Mr. T.D. Selvan Babu For Respondents : Mr.S.Janarthanan Central Government Standing Counsel WP No. 20240 of 2021 For Petitioner : Mr. T.D. Selvan Babu For Respondents : Mr.S.Janarthanan Central Government Standing Counsel WP Nos. 20488 & 20492 of 2021 For Petitioner(s) : Mr.T.V.Suresh Kumar for M/s. Genicon and Associates for both WP's For Respondents : Mr. Sidharth Additional Central Government Standing Counsel for both WP's WP No. 22531 of 2021 For Petitioner : M/s. T.M. Naidu and Co WP Nos. 22760 & 22762 of 2021 For Petitioner : Mr. K.S. Selva Prakash for both WPs For Respondents : Mr.R.K. Gandhi for both WPs.
Central Government Standing Counsel
COMMON ORDER
The prayer made in these writ petitions is to issue a Certiorarified Mandamus, calling for the records of the respective respondents in so far as it relates to the publication of the list of disqualified Directors in which the names of the respective petitioners are included and the consequential deactivation of their Director Identification Number (DIN).
2. According to the petitioners, the respondents herein released a list of disqualified directors under Section 164(2)(a) of the Companies Act, 2013, disqualifying them as directors of the various companies, in which, names of the petitioners were also included. In other words, the respondents, disqualified the petitioners as Directors for non-filing of financial statements or annual returns for continuous period of three financial years by the defaulting companies on whose board, the petitioner (s) is/are serving as a Director. According to the petitioners, by virtue of such disqualification, they could not be appointed or reappointed as director in any other company for a period of 5 years. Therefore, assailing the orders of disqualification mainly on the ground that such orders have been passed in gross violation of principles of natural justice, the present writ petitions are filed.
3. Today, when the writ petitions are taken up for consideration, the learned counsel appearing for the petitioners jointly submitted that the issue involved herein is no longer res integra. Earlier, this Court by order dated 03.08.2018 in WP. No. 25455 of 2017 etc. batch, in Bhagavan Das Dhananjaya Das case reported in (2018) 6 MLJ 704, allowed those writ petitions and set aside the orders dated 08.09.2017, 01.11.2017, 17.12.2018, etc. passed by the Registrar of Companies, disqualifying the petitioners therein to hold the office of directorship of the companies under Section 164(2)(a) of the Companies Act, which came into effect from 01.04.2014. Thereafter, yet another set of disqualified directors approached this court by filing WP.No.13616 of 2018 etc. batch (Khushru Dorab Madan v. Union of India)
which were dismissed by order dated 27.01.2020. The said order of the learned single judge was challenged by some of the petitioners therein before the Division Bench of this Court in W.A. No. 569 of 2020, etc. batch (Meethelaveetil Kaitheri Muralidharan v. Union of India, 2020 SCC OnLine Mad 2958 : (2020) 6 CTC 113), which after elaborately dealt with the issue as to whether the Registrar of Companies is entitled to deactivate the Director Identification Number (DIN), allowed those writ appeals on
09.10.2020, the relevant passage of which, are profitably, extracted below:
"41. As is evident from the above, Rules 9 and 10 deals with the application for allotment of DIN. Rule 10(6) specifies that the DIN is valid for the life time of the applicant and shall not be allotted to any other person. Rule 11 provides for the cancellation or surrender or deactivation of the DIN. It is very clear upon examining Rule 11 that neither cancellation nor deactivation is provided for upon disqualification under Section 164(2) of CA 2013. In this connection, it is also pertinent to refer to Section 167(1) of CA 2013 which provides for vacating the office of director by a director of a Defaulting Company. As a corollary, it follows that if a person is a director of five companies, which may be referred to as companies A to E, if the default is committed by company A by not filing financial statements or annual returns, the said director of company A would incur disqualification and would vacate office as director of companies B to E. However, the said person would not vacate office as director of company A. If such person does not vacate office and continues to be a director of company A, it is necessary that such person continues to retain the DIN. In this connection, it is also pertinent to point out that it is not possible to file either the financial statements or the annual returns without a DIN. Cons
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