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Companies Law - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Disqualification of the petitioners as Directors - repayment of ...


Court Rules Director Disqualifications Invalid Under 1975 Rules; Sections 164 and 167 of Companies Act Not Applicable.

December 13, 2021

Case Laws     Companies Law     HC

Disqualification of the petitioners as Directors - repayment of deposits - In view of the exemption under the 1975 Rules, more specifically Rules 2(b)(ix) and (xi) of the same, no liability within the contemplation of Sections 164 and 167 could have been imposed on the Company and/or the petitioners - the disqualifications envisaged under Section 164 and Section 167 of the Act were not applicable to the petitioners and, as such, the decision disqualifying the petitioners' DIN and the consequential vacation of office were illegal and bad in the eye of law. - HC

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