TaxTMI 
TaxTMI 
2021 (1) TMI 226
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....B/2020 for a direction of RoC to activate the DIN Numbers of Mr. Bijosh Paul (DIN: 06414054) and Mrs. Neena Chandy (DIN: 06414061) who are the Directors of M/s Stepson Web Consultancy Services Private Limited, for the purpose of filing all the defaulted Annual Returns and Financial Statements of the Appellant Company before the RoC. 2. CA/46/KOB/2020 filed under Section 252(3) of the Companies Act, 2013 for restoration of the above company was disposed of by this Bench on 29.09.2020 with the following directions: i. The Registrar of Companies, the respondent herein, is ordered to restore the original status of the Appellant Company as if the name of the company has not been struck off from the Register of Companies and take all ....
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.... vii. On such delivery and after duly complying with the above directions, the Registrar of Companies, Kochi is directed to, on his office name and seal, publish the order in the official gazette. viii. Further, this order allowing the appeal shall also not circumscribe the power of the respondent to proceed against the appellant Company and its Directors as mandated for the alleged late filing of any forms, documents, returns and such other compliances under the provisions of the Companies Act, 2013. 3. The Applicant submitted that as directed by this Tribunal, the Company filed a declaration with respect to deposits made during the demonetization period with the ROC. The Applicant also complied with the directions in res....
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.... below: "8: Cancellation or Deactivation of DIN The Central Government or Regional Director (Northern Region). Noida or any officer authorized by the Regional Director, upon being satisfied on verification of particulars of proof attached with the application received from any person seeking cancellation or deactivation of DIN, in case - (a) the DIN is found to be duplicate (b) the DIN was obtained by wrongful manner or fraudulent means; (c) of the death of the concerned individual; (d) the concerned individual has been declared as lunatic by the competent Court; (e) if the concerned individual has been adjudicated an insolvent; then the allotted DIN shall be cancelled ....
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....pplication made in Form DIR-5 by the DIN holder too surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN: Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records. Explanation. - For the purposes of clause (b) - 1) the term "wrongful manner" means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false informati....
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....d as stipulated under Rule 12A of the said Rules. The amendment so introduced also does not empower the Central Government to cancel or deactivate the DIN of disqualified directors. 7. It is further stated that the RoC did not allow the uploading of the defaulted Annual Returns and Financial Statements by the Registrar of Companies, Kerala. Hence, the applicant approached this Tribunal with the aforesaid M.A for a direction to the Respondent -Registrar of Companies, Kerala to activate the DIN: 06414054 of Mr. Bijosh Paul and DIN: 06414061 of Mrs. Neena Chandy for the purpose of filing all the defaulted Annual Returns and Financial Statements of the Company. 8. Notice was issued on 17.11.2020 to the RoC for its reply. Since no reply re....
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.....01.2020 to argue that the Respondent has to deactivate DIN only by referring to the Rules. 11. As regards the activation of DIN of the Directors, having satisfied with the submissions made by the applicant and the above mentioned judgements, this Tribunal came to the conclusion that it would be just and proper to order reactivation of the DIN Numbers of the Directors, namely, Mr. Bijosh Paul and Mrs. Neena Chandy to enable the Appellant Company to file the Annual Returns and Financial Statements or other applications contemplated under the Companies Act, 2013.Therefore the following order is passed:- (A) The RoC is directed to reactivate the DIN: 06414054 and DIN: 06414061 of Mr. Bijosh Paul and Mrs. Neena Chandy respectively, ....