2021 (1) TMI 194 - HC - Companies Law

Disqualification of Directors under section 164(2)(a) of the Companies Act, 2013 - seeking direction to use their Director Identification Number (DIN) and Digital Signature Certificate for the purpose of filing their return - HELD THAT - This Court, as an interim measure, directs the respondents to reactivate the Director Identification Number (DIN) of the petitioner(s) and Digital Signature Certificate to enable the petitioner(s) to file necessary annual return and also to discharge their statutory obligations - The interim order, passed by this Court, will remain subject to final outcome of the present writ petition.

Summary

Issues involved:
Interpretation of section 164(2)(a) of the Companies Act, 2013 regarding Disqualified Directors, reactivation of Director Identification Number (DIN), issuance of Digital Signature Certificate for filing returns.

Analysis:
The judgment addresses the controversy surrounding the treatment of the petitioner(s) as Disqualified Directors under section 164(2)(a) of the Companies Act, 2013. The petitioner(s) sought directions to utilize their Director Identification Number (DIN) and Digital Signature Certificate for filing returns. The Division Bench had previously issued an interim order in another case, directing reactivation of DIN and issuance of Digital Signature Certificates for filing necessary annual returns to fulfill statutory obligations. As an interim measure, the court in this case directed the respondents to reactivate the DIN of the petitioner(s) and issue Digital Signature Certificates to enable them to file annual returns and meet statutory obligations. It was emphasized that this interim order would be subject to the final outcome of the present writ petition.

Furthermore, the court instructed the counsel for the petitioner(s) to provide two sets of the writ petition to the office of the learned Additional Solicitor General. The case was listed for further proceedings along with several other cases on a specified date. The judgment focused on ensuring compliance with statutory requirements and facilitating the petitioner(s) in fulfilling their obligations as Directors of various companies. The interim relief granted aimed to address the immediate need for reactivation of DIN and issuance of Digital Signature Certificates while awaiting the final resolution of the writ petition.