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TMI Blog2021 (4) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... the second respondent vide list of Disqualified Directors 164(2)(a) Companies Act 2013 - Phase III for the disqualification for the period from 01.11.2018 to 31.10.2023, insofar as the petitioner is concerned, and consequential direction is sought for to direct the respondents herein to permit the petitioner to get reappointed as Director of any company or appointed as Director in any company without any hindrance. 4. Heard the learned counsel on either side and perused the materials placed before this Court. 5. The issue involved in this writ petition is no more a res integra. It is to be stated that the Registrar of Companies (RoC) has been disqualifying the Directors under Section 164(2)(a) of the Companies Act, 2013 by order dated 08 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g 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 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 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 to Section 167(1) of CA 2013 which provides for vacating the office of director by a director of a Defaulting Company. As a corollary, it follows that if a person is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within 30 days of the date of receipt of a copy of this order. 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."
8. 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), the writ petition is allowed, in the terms indicated in the aforesaid judgment. No costs. Consequently, connected miscellaneous petitions are closed. X X X X Extracts X X X X X X X X Extracts X X X X
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