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2020 (1) TMI 1372 - HC - Companies LawDisqualification of Directors - Deactivation of DIN - Striking off the name of the Company from the Register of the Companies - non filing of annual returns for a continuous period of three years - Section 248(1) of the Companies Act 2013 - vires of the proviso under Section 167(2)(a) of the Act which was inserted to the Companies (Amendment Act 2017) - HELD THAT:- Identical issue decided in the case of KHUSHRU DORAB MADAN VERSUS UNION OF INDIA [2020 (1) TMI 1212 - MADRAS HIGH COURT] where it was held that In the present writ petition, the three financial years 2014-2015, 2015-16 and 2016-17 have been completed and since annual returns / financial statements have not been filed, disqualification automatically follows and when disqualification is incurred, deactivation of Director Identification Number also automatically follows. The DIN number can exist only during the life time of post of Directorship and not for the entire life of the individual. Issuing a prior notice would be of no avail and would only be an empty formality since the provision of law is clear on this aspect. Petition is dismissed.
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