TMI Blog2020 (12) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... as to whether the RoC is entitled to deactivate the Director Identification Number (DIN) by referring to the Rules 19, 10 and 11 of the said 2014 Rules and held that As a corollary to our conclusion on the deactivation of DIN, the DIN of the respective directors shall be reactivated within 30 days of the date of receipt of a copy of this order. Petition allowed. - W.P. No. 18641 of 2020 and W.M.P. Nos. 2 3123, 23125, 23127 & 23129 of 2020 - - - Dated:- 15-12-2020 - Honourable Mrs. Justice Pushpa Sathyanarayana For the Petitioners : M/s. Jayanthi K. Shah. For the Respondents : Mr. K.B. Arul., Addl. Central Govt. Standing Counsel ORDER Mr. K.B. Arul, learned Additional Central Government Standing Counsel takes n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allenged 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 batch of writ appeals, which were dealt with by the Hon'ble First Bench of this Court in W.A.No.569 of 2020, etc. batch (Meethelaveetil Kaitheri Muralidharan V. Union of India, 2020 SCC OnLine Mad 1958). The Hon'ble Division Bench in the said order dealt with the powers of the RoC in the light of Sections 164 and 167(1) of the Companies Act, 2013 and Rule 14 of the Companies (Appointment and Qualifications of Directors) Rules, 2014 and also has elaborately considered as to whether the RoC is enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 continue to be a director of the Defaulting Company. ***** 43. In the result, these appeals are allowed by setting aside the impugned order dated 27.01.2020. Consequently, the publication of the list of disqualified directors by the ROC and the deactivation of the DIN of the Appellants is hereby quashed. As a corollary to our conclusion on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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