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2021 (1) TMI 192 - HC - Companies LawSeeking permission to operate and access the website of the Ministry of Corporate Affairs, Government of India - restraint respondents from treating or taking any steps treating the petitioners as disqualified Directors - HELD THAT:- There is no dispute that the Kerala Housing Finance Limited had defaulted in filing its annual returns for three consecutive years. Further, Shrek and Lee Debt Company Private Limited has also been struck off from the Register of Companies on account of its defaults in filing the requisite returns under the Companies Act, 2013 - The petitioner claims that he had resigned from the Board of Directors of Kerala Housing Finance Limited with effect from 26.05.2016. However, he had not filed the necessary form with the Registrar of Companies at the material time. Insofar as the petitioner’s prayer that his Director Identification Number (DIN) be directed to be activated is concerned, the said issue is also covered by the decision of this Court in Mukut Pathak & Ors. [2019 (11) TMI 319 - DELHI HIGH COURT]. It is not disputed that the petitioner’s DIN had been deactivated only on account of his being disqualified to act as a Director. As held in Mukut Pathak’s case, the said action is not sustainable. The DIN could be deactivated in terms of Rule 11 of the Companies Act (Appointment and Qualification of Director) Rules, 2014. But admittedly, the petitioner’s DIN has not been deactivated in terms of the said Rules. The petitioner’s prayer that the respondent be restrained from treating the petitioner as a disqualified director, is rejected. However, the respondents are directed to activate the petitioner’s DIN - petitioner’s prayer that he be permitted to access the website of Ministry of Corporate Affairs, Ministry of India cannot be acceded to - Petition disposed off.
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