TMI Blog2021 (2) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition was considered by the Hon'ble Division Bench of this Court in the case of Meetgelaveetil Kaitheri Muralidharan Versus Union of India Another [ 2020 (10) TMI 595 - MADRAS HIGH COURT ] where it was held that The case on hand stands on the same footing. In the instant case also, no notice was given to the petitioner before disqualifying him as Director of M/s. Aventa Technologie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent on the ground that without affording opportunity to the petitioner, the said order has been passed. 2. Ms. Anuradha, learned ACGSC accepts notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself. 3. Heard Ms. G. Savitha, learned counsel for the petitioner and Ms. Anuradha, learned ACGSC for the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellation 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 provides for vacating the office of director by a director of a Defaulting Company. As a corollary, it follows ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 continue to be a director of the Defaulting Company. 38. In the result, these appeals are allowed by s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , no notice was given to the petitioner before disqualifying him as Director of M/s. Aventa Technologies Limited. 7. For the foregoing reasons, the ratio laid down by the Hon'ble Division Bench of this Court, dated 09.10.2020 in W.A. No. 569 batch applies to the facts of the instant case also. 8. Accordingly, the impugned order dated 13.12.2019 passed by the second respondent disqualif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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