9911796707
TMI Blog2021 (3) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... ding Counsel ORDER This writ petition has been filed challenging the disqualification of the petitioner as Director 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 first respondent on the ground that without affordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n W.A. No.569 & Ors. of 2020 in the case of Meetgelaveetil Kaitheri Muralidharan Versus Union of India & Another and in paragraphs 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. Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany A. If such person does not vacate office and continues to be a director of company A, it is necessary that such person continues 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 require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. 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. The case on hand stands on the same footing. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
