Director Disqualification u/s 164(2)

[THYAGARAJAN KALYANASUNDARAM]

Dear Experts,

One of my clients DIN got disqualification due to non filing of statutory returns for the f.y. 2016-17 & 2017-18 and the period of disqualification start from 01/11/2018 to 31/10/2023.

And the same directors having the directorship in other 2 companies where they have filed the statutory returns up to date.

As per my understanding of sec 164(2) read with sec 167 of CA, 2013 whether the director should be disqualified only to the defaulted company NOT all the companies where he holds directorship.

Since, I am planing to take this matter to the court by filing writ and get the relief.

Please explain with supported case laws.

Thanks in advance.

AI Summary

Director Disqualified Under Section 164(2) of Companies Act 2013 for Non-Filing; Seeks Relief for Other Companies. A client's Director Identification Number (DIN) was disqualified due to non-filing of statutory returns for the financial years 2016-17 and 2017-18, leading to a disqualification period from November 1, 2018, to October 31, 2023. The director also holds positions in two other companies where statutory returns are up to date. The client believes disqualification under Section 164(2) of the Companies Act, 2013, should apply only to the defaulting company, not all companies where the individual is a director. The client plans to file a writ for relief. A respondent argues the director is disqualified from all companies.