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TMI Blog2020 (7) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner by the ROC is not dated, paragraph 6 of the writ petition states that the petitioner had renewed his digital signature (DSC) on 17th January, 2020. The petitioner came to know of the impugned document in March, 2020 which has been stated in paragraph 6 of the writ petition. It can therefore be assumed that the impugned document is after January, 2020 and before March, 2020 when the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unak Mitra, Ms. Maheswari Sharma. for the petitioner. Affidavit of service filed by the petitioner is kept on record. The petitioner has challenged an undated document disclosing a DIN status which shows that the petitioner has been disqualified by the Registrar of Companies under Section 164(2) of the Companies Act, 2013. Learned Counsel appearing for the petitioner submits that the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccepted since the company is having high value liabilities with its bank. It is also submitted that under Section 168(2) of the Companies Act, 2013, the resignation of a Director takes effect from the date on which the notice is received by the company or the date specified in such notice. The proviso to section 168(2) states that the Director who has resigned shall be liable for offences which oc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ph 6 of the writ petition. It can therefore be assumed that the impugned document is after January, 2020 and before March, 2020 when the petitioner came to know of it. Section 168(2) of the 2013 Act is very clear. The resignation of a Director takes immediate effect from the date on which the notice of resignation is received by the company. Hence there is no question of such resignation not being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 164(2). In this case, the petitioner has not also been informed of the reasons of the disqualification. In view of the above, the petitioner is entitled to an injunction restraining the respondents from giving any effect to the disqualification/DIN Status of the petitioner or acting in terms thereof. This order should be communicated to the respondents by the petitioner. The respond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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