TMI Blog2021 (3) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... f the list of disqualified directors by the ROC and the deactivation of the DIN of the Appellants is hereby quashed. 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.Open Source Academy India Private Limited. The impugned order dated 17.12.2018 passed by the first respondent disqualifying the petitioner as Director of M/s.Open Source Academy India Private Limited under Section 164(2) (a) of the Companies Act, 2013 is hereby set aside - Petition allowed. - W.P.No.4880 of 2021 And W.M.P.Nos.5485 & 5488 of 2021 - - - Dated:- 2-3-2021 - Honourable Mr. Justice Abdul Quddhose For the Petitioner : Mr.P.James Victor Rajkumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 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 provides for vacating the office of director by a director of a Defaulting Company. As a corollary, it follows that if a person is a director of five companies, which may be referred to as companies A to E, if the default is committed by company A by n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned 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. 6. 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.Open Source Academy India Private 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 17.12.2018 passed by the first ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
