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2020 (9) TMI 265 - HC - Companies LawVires of the proviso under Section 167(2)(a) of the Act which was inserted to the Companies (Amendment Act 2017) - disqualification with respect to Directorship of 'Public' companies - Principles of Natural Justice - HELD THAT:- The 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 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 dismissed.
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