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SkDash (CS (Member) CWA (Final))     08 February 2021

DIN reactivated post disqualification u/164(2)

Mr A was a director in company 1 and 2. Both are pvt cos. Co 1 didn't file accounts for 3 years and MCA stroke off the Co and disqualified Mr A. High court on writ petition of A allowed reactivation of DIN. Queries are-

1. Does DIN reactivation means A can continue as Director in Co 2?

2. Can A file DIR 10 requesting ROC to remove disqualification?

3. What is the other way out? (Co 1 is not un business and hence can't be revived in NCLT route.)

4. Is there any SC general order squashing the MCA move of disqualification on illegal ground such as making 164(2) applicable for Pvt Co retrospectively?


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