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TMI Blog2020 (12) TMI 762X X X X Extracts X X X X X X X X Extracts X X X X ..... o file the Annual Returns and Financial Statements or other applications contemplated under the Companies Act, 2013. The RoC is directed to reactivate the DIN of Mr. Sidhik Ibrahimkunju and Mrs. Jiyasha Sidhik respectively, by collecting fine/ penalty, if any, for the lapse of the Directors - The Company is directed to file all its statutory document(s) along with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date on which the DIN of the Directors is reactivated - Application allowed. - MA No. 158/KOB/2020 in CA/42/KOB/2020 - - - Dated:- 11-12-2020 - Hon ble Mr. Ashok Kumar Borah, Member ( Judicial ) For the Applicant : Mr. Abhilash Nediyalil Abraham, PCS For the Respondent : No representation ORDER This MA has been filed under Section 424 (3) of the Companies Act 2013 (hereinafter called as the Act ) by M/s. TECACS IT GROUP PRIVATE LIMITED, the Appellant in CA/42/KOB/2020 for a direction of RoC to activate the DIN Numbers 05298724 and 05298701 of Mr. Sidhik Ibrahimkunju and Mrs. Jiyasha Sidhik respectively who are the Directors of M/s Tecacs IT Group Private Limited, for the purpose of filing all the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fifty Thousand Only) to the Government Accounts. 4. The Applicant further stated that the Company through its Director and Promoter, Sri Sidhik Ibrahimkunju attempted to file the defaulted Annual Returns and Financial Statements as directed by this Tribunal before the ROC for the purpose of restoration of the name of the Company. However, the ROC took a stand that since the Director is disqualified, his DIN cannot be allowed to be reactivated on account of the said disqualification. Hence, the Applicant could not upload the defaulted Annual Returns and Financial Statements with the ROC. It is further stated that both Directors are permanent Directors and they are not liable to retire by rotation by virtue of Article 26(b) read with Article 39(a) of the Articles of Association of the Company. Further they are not holding any other Directorships in any other Company. Hence disqualification under Section 164(2) for re-appointment in the Company does not arise, and that this is not a case of appointment in any other Company. Hence, Section 164 (2) of the Act is not applicable in the present case. 5. The applicant further stated that the question of cancellation or deactivation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (f)on an application made in Form DIR-5 by the DIN holder too surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN: Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records. Explanation. - For the purposes of clause (b) 1) the term wrongful manner means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation; (ii) the term fraudulent means means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government. (2) The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forced by that Tribunal in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Tribunal or the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction. i.in the case of an order against a company, the registered office of the company is situate; or ii.in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain. 9. This Tribunal also considered the argument advanced by the learned counsel for the Applicant. The learned counsel referred to a decision of the Hon ble High Court of Delhi in Mukut Pathak Ors Vs Union of India Anr. (MANU/DE/3655/2019), the relevant para of the said decision is as under: - 108. It is important to note that whereas a DIN is necessary for a person to act as a director; it is not necessary that a person who has a DIN be appointed as a director. Section 164(2) only provides for temporary disqualification for a period of five years for a person to be appointed/re-appointed as a director. Thus, it is not necessary that the DIN of such person ..... X X X X Extracts X X X X X X X X Extracts X X X X
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