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TMI Blog2021 (1) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondents : Mr.B.Girish Neelakantan Central Govt. Standing Counsel COMMON ORDER Challenge is laid to the orders of the second respondent dated 17.12.2018 insofar as the petitioners are concerned, and consequential direction is sought for to direct the respondents to permit the petitioners to get re-appointed as Directors of any Company or appointed in any other Company without any hindr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the batch of writ petitions and set aside the aforesaid notifications/orders. 5. The notification dated 17.12.2018, which was uploaded in the website by the first respondent on 18.12.2018 was challenged on the strength of the judgment of this Court in Bhagavan Das case (cited supra). However, they were dismissed by this Court, and such orders were passed on 27.01.2020 and 10.02.2020, etc. The s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annual returns without a DIN. Consequently, the director of Defaulting Company A, in the above example, would be required to retain the DIN so as to make good the deficiency by filing the respective documents. Thus, apart from the fact that 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 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 (supra), these writ petitions are allowed, in the terms indicated in the aforesaid judgment. No costs. Consequently, connected miscellaneous petitions are clos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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