Disqualification of director

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.