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TMI Blog2020 (11) TMI 805X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Rule 14 of the Companies (Appointment and Qualifications 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 that the publication of the list of disqualified directors by the ROC and the deactivation of the DIN of the Appellants is hereby quashed. Petition allowed. - W.P. Nos.16270 and 16271 of 2020 And W.M.P.Nos.20337, 20338, 20340 and 20341 of 2020 - - - Dated:- 19-11-2020 - Mrs. Justice Pushpa Sathyanarayana For the Petitioners : Mr.Saranyan for Mr.D.Senthilkumar For the Respondents : Mr.J.Madhanagopal Rao CGSC COMMON ORDER Challenge is la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c. The said orders were put to challenge in a batch of writ appeals, which were dealt with by the Hon'ble First Bench of this Court in W.A.No.569 of 2020, etc. batch ( Meethelaveetil Kaitheri Muralidharan V. Union of India, 2020 SCC OnLine Mad 1958). The Hon'ble Division Bench in the said order dealt with the powers of the RoC in the light of Sections 164 and 167(1) of the Companies Act, 2013 and Rule 14 of the Companies (Appointment and Qualifications 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the AQD Rules do not empower the ROC to deactivate the DIN, we find that such deactivation would also be contrary to Section 164(2) read with 167(1) of CA 2013 inasmuch as the person concerned would continue to be a director of the Defaulting Company. ***** 43. In the result, these appeals are allowed by setting aside the impugned order dated 27.01.2020. Consequently, the publication of the list of disqualified directors by the ROC and the deactivation 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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