TMI Blog2021 (1) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... any to file the Annual Returns and Financial Statements or other applications contemplated under the Companies Act, 2013. The RoC is directed to reactivate the DIN of Mr. Bijosh Paul and Mrs. Neena Chandy respectively, by collecting fine/ penalty, if any, for the lapse of the Directors. The Company is directed to file all its statutory document(s) along with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date on which the DINs of the Directors are reactivated - After duly complying with the above directions, the Registrar of Companies, Kochi is directed to, update their system records with correct status in respect of the Appellant Company and its Directors. Application disposed off. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date on which its name is restored on the Register of Companies by the Registrar of Companies. iii. The shareholders of the appellant company shall jointly submit an Undertaking to the Registrar of Companies stating therein that the accounts of the Company were not used as means to transact tainted money during the period of demonetization. iv. The appellant is also directed to pay the costs of ₹ 50,000/- (Rupees Fifty Thousand only) to the accounts of Central Government in favour of the Pay Accounts Officer, Ministry of Corporate Affairs, Southern Region, Chennai and proof of payment be handed over to Registrar of Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of restoration of the name of the Company. However, the ROC took a stand that since the Directors are disqualified, their DIN cannot be allowed to be reactivated on account of the said disqualification. Hence, the Applicant could not upload the defaulted Annual Returns and Financial Statements with the ROC. It is further stated that both the Directors are permanent Directors and they are not liable to retire by rotation by virtue of Article 26(b) read with Article 39(a) of the Articles of Association of the Company. Further they are not holding any other directorship in any other Company. Hence disqualification under Section 164(2) for reappointment in the Company does not arise, as this is not a case of appointment in any other Compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2014 11 Cancellation or Surrender or Deactivation of DIN. (1) The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received along with fee as specified in Companies (Registration Offices and Fees) Rules, 2014 from any person, cancel or deactivate the DIN in case (a) the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number; (b) the DIN was obtained in a wrongful manner or by fraudulent means; (c) of the death of the concerned individual; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f an individual who does not intimate his particulars in e-form DIR-3-KYC or the web service DIR-3-KYC- WEB as the case may be within stipulated time in accordance with rule 12A: (3) The de-activated DIN shall be re-activated only after e-form DIR- 3-KYC or the web service DIR-3-KYC-WEB as the case may be is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014. 6. It is stated by the learned PCS appearing through Video Conferencing that from a reading of the above provisions, it is clear that neither any of the provisions of the Companies Act nor the Rules framed thereunder stipulate cancellation or deactivation of DIN for the reason that a director is suffering disqualification under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the ROC has no objection in allowing the M.A. I have gone through Section 424 (3) of the Companies Act, 2013 which is reproduced below: - Section 424(3):- Any order made by the Tribunal or the Appellate Tribunal may be enforced by that Tribunal in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Tribunal or the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction (a) in the case of an order against a company, the registered office of the company is situate; or (b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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