Removal of Directors Disqualification/ Restoration of DIN By Adv Sharlee Garg


Did you get Disqualified from Directorship?

Ministry of Corporate Affairs (MCA) vide its sterndrive towards taming ‘Corruption’ took a very strict action on errant Companies and as a result in 2017 alone 2.2 lakh companies were struck off and 3.1 lakh Directors were barred for 5 years as their DINs were deactivated.
                                                                   


Writ Petition in the High Court for Removal of Directors Disqualification

Where there lies the Problem, there is the solution for same:

In light of the above herein are the solutions to your frequently asked queries (FAQs):

  • For getting your disqualification removed, you are not required to revive your company mandatory.
  • In cases of disqualification of multiple directors, only one common petition is required to be filed for the multiple directors.
  • The interim stay regarding removal of disqualification is obtained on the very same day on which the order is passed in the High Court for the same.
  • Once High Court order is passed in favor of removal of disqualification, the same shall not be revoked at any time thereafter in our opinion.
  • After the Supreme Court order dated 6th August 2018, the High Court orders are available at present also for removal of disqualification.
The high court has passed the following order in the cases related to disqualification of the director:

“Till the next date of hearing, there shall be a stay on the notices dated 6th September, 2017 and 12th September, 2017 whereby the petitioner was declared disqualified as Director under Section 164(2)(a) of the Companies Act, 2013. The DIN numbers, as well as digital signatures of the petitioner, shall be forthwith revived.”

The author is associated with MUDS Management Private Limited

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