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2019 (10) TMI 1398 - HC - Companies LawDisqualification of Directors under Section 164(2)(a) of the Companies Act - Restoration of the name of the Company in the Register of Companies - non-filing of the financial statements and the annual returns - section 248(5) of the Companies Act - whether the petition under section 463(2) of the Companies Act, 2013, is maintainable in respect of the order of disqualification? - HELD THAT:- The petition has not been filed on reasonable apprehension of prosecution but filed in respect of disqualification that had already came in to force. In addition, it may be noticed that no show cause notice has been issued in respect of non-filing of the financial statements or non- filing of the annual returns. As such, there is no reason to exercise discretionary jurisdiction under section 463(2) of the Companies Act - the company has been directed to file all pending financial statements and annual returns with the Registrar of Companies. Therefore, it is always open to the Company and its ex-directors to approach the NCLT if any difficulty is experienced in ensuring that the financial statements and the returns are taken on file. Petition dismissed.
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