2020 (11) TMI 163

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..... ndents : Mr.J.Madhanagopal Rao CGSC COMMON ORDER Challenge is laid to the order of the first respondent dated 08.09.2017, insofar as the petitioners are concerned, and consequential direction is sought for to direct the respondents to permit the petitioners to get reappointed as Directors of any Company or appointed in any other Company without any hindrance. 2. Heard the learned counsel on eit .....

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..... e the aforesaid notifications/orders. 5. The notification dated 17.12.2018, which was uploaded in the website by the first respondent on 18.12.2018 was challenged on the strength of the judgment of this Court in Bhagavan Das case (cited supra). However, they were dismissed by this Court, and such orders were passed on 27.01.2020 and 10.02.2020, etc. The said orders were put to challenge in a batc .....

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..... e life time of the applicant and shall not be allotted to any other person. Rule 11 provides for the cancellation or surrender or deactivation of the DIN. It is very clear upon examining Rule 11 that neither cancellation nor deactivation is provided for upon disqualification under Section 164(2) of CA 2013. In this connection, it is also pertinent to refer to Section 167(1) of CA 2013 which provid .....

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..... , the director of Defaulting Company A, in the above example, would be required to retain the DIN so as to make good the deficiency by filing the respective documents. Thus, apart from the fact that the AQD Rules do not empower the ROC to deactivate the DIN, we find that such deactivation would also be contrary to Section 164(2) read with 167(1) of CA 2013 inasmuch as the person concerned would .....

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..... miscellaneous petitions are closed." 6. In view of the aforesaid position, following the decision of the Hon'ble First Bench of this Court in Meethelaveetil Kaitheri Muralidharan's case (supra), these writ petitions are allowed, in the terms indicated in the aforesaid judgment. No costs. Consequently, connected miscellaneous petitions are closed.
Case laws, Decisions, Judgements, Orde .....

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