Disqualification of directors 162(2)(a)

Yash Chopra (Article assistant) (33 Points)

08 December 2017  
Respected professional mates,

Please guide whether the disqualification applies if either financials statements or annual return has not been filed for continuous period of 3 years or disqualification applies if both have not been filed for three years.

By the second interpretation I mean if any one of the documents have been filed the director is not disqualified.

A leading author has taken the stand of second interpretation. As per plain reading of law I believe the first interpretation is what the law intends. Please clarify