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TMI Blog2020 (12) TMI 1295X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondents : Ms. P.J. Anitha Central Government Standing Counsel. ORDER Challenge is laid to the order of the first respondent dated 12.12.2019, insofar as the petitioner is concerned, and consequential direction is sought for to direct the respondents to permit the petitioner to get reappointed as Director of any Company or appointed in any other Company without any hindrance. 2. Hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Directors so disqualified under the above mentioned notifications dated 08.09.2017 and 01.11.2017 challenged the same before this Court and this Court by order dated 03.08.2018 in Bhagavan Das Dhananjaya Das V.Union of India, (2018) 6 MLJ 704, allowed the batch of writ petitions and set aside the aforesaid notifications/orders. 6. The notification dated 17.12.2018, which was uploaded in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titled to deactivate the Director Identification Number (DIN) by referring to the Rules 19, 10 and 11 of the said 2014 Rules and held as follows : "41. As is evident from the above, Rules 9 and 10 deals with the application for allotment of DIN. Rule 10(6) specifies that the DIN is valid for the life time of the applicant and shall not be allotted to any other person. Rule 11 provides for the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not vacate office and continues to be a director of company A, it is necessary that such person continues to retain the DIN. In this connection, it is also pertinent to point out that it is not possible to file either the financial statements or the annual returns without a DIN. Consequently, the director of Defaulting Company A, in the above example, would be required to retain the DIN so a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we make it clear that it is open to the ROC concerned to initiate action with regard to disqualification subject to an enquiry to decide the question of attribution of default to specific directors by taking into account the observations and conclusions herein. No costs. Consequently, connected miscellaneous petitions are closed." 7. In view of the aforesaid position, following the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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