Removal of Directors Disqualification without Revival of Struck off Companies By CS Isha Malik


Did you get Disqualified from Directorship?

The drastic step of Mass Disqualification of Directors and deactivation of DINs by ROC has left the whole Industry flabbergasted and startled. This is not a roadblock but a beginning in the line with Compliance module. Directors are being provided with various opportunities to get their Disqualification Removed and DIN Restored even if they are not willing to revive the Company or the Company is not in operation due to any reason. 

A Writ Petition in the High Court for Removal of Directors Disqualification is a way out



Writ Petition in the High Court for Removal of Directors Disqualification


*In case you are not willing to revive your company or your company is not eligible for Revival or the same is not in operations or if Bank Account is not available, then you can file Writ Petition in High Court and get immediate interim relief. The whole process can run in 10 Days

The Process Ahead

  • Drafting of Writ Petition.
  • Filing the matter with the High Court.
  • Appearance by Advocates and pleadings for the same.
  • Interim Order from the High Court
  • Filing the High Court Order and Pending Compliance Documents with Respective ROC.
  • DIN Activation and Removal of Disqualification.
The whole process takes about 10 days. 

Next Date of Hearing is 23.10.2018 in Delhi High Court with respect to Writ Petition matters concerning Disqualification of Directors by Ministry of Corporate Affairs. Interim Stay to be continued till NDOH i.e. DIN DSC of Directors shall remain active until Next Date of Hearing. The matter is pending in the Supreme Court of India wherein the Union of India has challenged the Bombay High Court judgement concerning the subject matter.

The author is associated with MUDS Management Pvt. Ltd.

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Write a Comment

  • Very Helpful.

    02-08-2018 / 03:30:30 PM
    Reply
  • Dear CS Isha Malik ,

    Please confirm after Receiving the Interim Order from High Court only INC-28 will required to file with Respective ROC and after approval of INC=28 will be abale to proceed for ROC Filings ?

    08-11-2018 / 12:29:49 PM
    Reply