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2020 (8) TMI 701 - HC - Companies LawDisqualification of Director - Section 164(2)(a) of the Companies Act, 2013 - HELD THAT:- In the instant case, the petition is devoid of any material which may indicate as to a legal right in favour of the petitioners against being removed as a disqualified director or to restore the Director Identification Number (DIN) and Digital Signature Certificate (DSC) of the petitioners so as to enable the Court to determine their legal right, if any. In the circumstance, we are of the view it would be appropriate for the petitioners to make a representation before the Registrar of Companies, Guwahati being the respondent No.2 as regards their claim for continuing with the Director Identification Number (DIN) and Digital Signature Certificate (DSC) as well as to exclude their name from the list of disqualified directors. Upon such representation being made, the Registrar of Companies shall pass a detailed reasoned order as regards the entitlement of the petitioners to continue with the Directors Identification Number (DIN) and Digital Signature Certificate (DSC) and to get themselves removed from the list of disqualified directors. It is provided that the petitioners shall file such applications, if so advised, within a period 7 days from today. Till the expiry of 7 days from today, the respondent authorities shall unfreeze the Directors Identification Number (DIN) and Digital Signature Certificate (DSC) issued in favour of the petitioners. However, if such application is not filed, the continuation of the order to unfreeze their Directors Identification Number (DIN) and Digital Signature Certificate (DSC) shall remain withdrawn and the Registrar of Companies shall be at liberty to take any action against the petitioners. In the event, application is filed the order to unfreeze the Directors Identification Number (DIN) and Digital Signature Certificate (DSC) shall continue till the Registrar of Companies may pass a reasoned order. Petition disposed off.
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