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TMI Blog2021 (2) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... led challenging the disqualification of the petitioners as Directors under Section 164(2)(a) of the Companies Act, 2013 on the ground that he has not submitted financial statements for three consecutive financial years. The petitioner has challenged the impugned order dated 17.12.2018 passed by the second respondent on the ground that without affording opportunity to the petitioner, the said order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raphs 36 and 38, it has been held as follows: 36. 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 neith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontinues to retain the DIN. In this connection, it is also pertinent to point out that it is not possible to file either the financial statements or the 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 AQ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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. The case on hand stands on the same footing. In the instant case also, no notice was given to the petitioner before disqualifying him as Director of M/s. Aventa Technologies L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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