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2020 (11) TMI 163

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..... . Nos.15083, 15086, 15087 and 15089 of 2020 And W.M.P.Nos.18803,18804,18808 to 18813 of 2020 - - - Dated:- 28-10-2020 - Mrs. Justice Pushpa Sathyanarayana For the Petitioners : Mr.G.Sudhakar For the Respondents : Mr.J.Madhanagopal Rao CGSC COMMON ORDER Challenge is laid to the order of the first respondent dated 08.09.2017, insofar as the petitioners are concerned, and consequential direction is sought for to direct the respondents to permit the petitioners to get reappointed as Directors of any Company or appointed in any other Company without any hindrance. 2. Heard the learned counsel on either side and perused the materials placed before this Court. 3. The issue involved in these writ petitions is no more a r .....

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..... ns of Directors) Rules, 2014 and also has elaborately considered as to whether the RoC is entitled to deactivate the Director Identification Number (DIN) by referring to the Rules 19, 10 and 11 of the said 2014 Rules and held as follows : 41. 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 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 .....

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..... eactivation of the DIN of the Appellants is hereby quashed. As a corollary to our conclusion on the deactivation of DIN, the DIN of the respective directors shall be reactivated within 30 days of the date of receipt of a copy of this order. Nonetheless, we make it clear that it is open to the ROC concerned 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. In view of the aforesaid position, following the decision of the Hon'ble First Bench of this Court in Meethelaveetil Kaitheri Muralidharan's case ( .....

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