Director disqualification is associated with strike off company.Today only we got NCLT order to remove strike off.But CODS scheme is expired.What we need to do remove Disqulification of Director?
Vignesh (Finance executive) (256 Points)
11 May 2018Director disqualification is associated with strike off company.Today only we got NCLT order to remove strike off.But CODS scheme is expired.What we need to do remove Disqulification of Director?
AMIT KAPOOR
(SELF EMPLOYED)
(491 Points)
Replied 11 May 2018
Option available to the disqualified Director
Approach H.C for removal of disqualification:
If company gets strike off and director got disqualified and company doesn’t want to revive its operations, then such director has to approach respective High Court for removal of his disqualification. H.C may remove disqualification based on the facts and circumstances of each case.
Madras HC recently stay order of RoC disqualifying individual director (https://uja.in/en/relief-to-disqualified-directors-by-madras-high-court/). Delhi HC also remove disqualification to individual directors.
Conclusion
In the absence of any specific provisions in the Companies Act for removal of disqualification by compounding, payment of penalties, only option available is to file writ petition in the H.C for removal of disqualification.
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