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TMI Blog2021 (1) TMI 1335X X X X Extracts X X X X X X X X Extracts X X X X ..... rukumaran, ORDER This writ petition has been filed challenging the disqualification of the petitioner as Director under Section 164(2)(a) of the Companies Act, 2013 on the ground that he has not submitted financial statements for three consecutive financial years. The petitioner has challenged the impugned order dated 13.12.2019 passed by the second respondent on the ground that without affordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Union of India & Another and in paragraphs 36 and 38, it has been held as follows : 36. 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 cancellation or surrender or deactivation of the DIN. It is ver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any 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 as to make good the deficiency by filing the respective documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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