Director Disqualification u/s 164(2), Corporate Laws / SEBI / LLP

[THYAGARAJAN KALYANASUNDARAM]

Dear Experts,

One of my clients DIN got disqualification due to non filing of statutory returns for the f.y. 2016-17 & 2017-18 and the period of disqualification start from 01/11/2018 to 31/10/2023.

And the same directors having the directorship in other 2 companies where they have filed the statutory returns up to date.

As per my understanding of sec 164(2) read with sec 167 of CA, 2013 whether the director should be disqualified only to the defaulted company NOT all the companies where he holds directorship.

Since, I am planing to take this matter to the court by filing writ and get the relief.

Please explain with supported case laws.

Thanks in advance.

Posts / Replies

[DR.MARIAPPAN GOVINDARAJAN]

In my view the said director is not qaulified for other companies also where he holds directorship.