2021 (6) TMI 105

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....jayaragavan For Respondents in both the petitions : Mr. R. Subramanian, Central Government Standing Counsel **** COMMON ORDER Mr. R. Subramanian, learned Central Government Standing Counsel takes notice for the respondents. 2. By consent of the parties, these writ petitions are taken up for final disposal at the admission stage itself. 3. Challenge is laid to the orders of the second respond....

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....18 by the RoC. 6. Several of the Directors so disqualified under the above mentioned notifications dated 08.09.2017 and 01.11.2017 challenged the same before this Court and this Court by order dated 03.08.2018 in Bhagavan Das Dhananjaya Das V.Union of India, (2018) 6 MLJ 704, allowed the batch of writ petitions and set aside the aforesaid notifications/orders. 7. The notification dated 17.12.201....

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....aborately considered as to whether the RoC is entitled to deactivate the Director Identification Number (DIN) by referring to the Rules 19, 10 and 11 of the said 2014 Rules and held as follows : "41. As is evident from the above, Rules 9 and 10 deals with the application for allotment of DIN. Rule 10(6) specifies that the DIN is valid for the life time of the applicant and shall not be allotted ....

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....office as director of company A. If such person does not vacate office and continues to be a director of company A, it is necessary that such person continues to retain the DIN. In this connection, it is also pertinent to point out that it is not possible to file either the financial statements or the annual returns without a DIN. Consequently, the director of Defaulting Company A, in the above ex....