TaxTMI 
TaxTMI 
2022 (12) TMI 620
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....pon disqualification of the Petitioners under Section 164(2)(a) read with Section 167 of the Companies Act, 2013. The said disqualification was effected for 2015-16 to 2017-18 due to non-filing of balance sheet and other returns with the Registrar of Companies. 3. Petitioner No.1 is a director in the following companies: ● SHRI MAHANAND LEISURE VALLEY PRIVATE LIMITED ● BHAVYEH HOTELS & RESORTS PRIVATE LIMITED ● SKY GANGA CONSTRUCTION PRIVATE LIMITED ● SABHYA INFRABUILD PRIVATE LIMITED ● VINCENT BUILDCON PRIVATELIMITED 4. Petitioner No.2 is a director in the following companies: * SHRIMAHANAND LEISURE VALLEY PRIVATE LIMITED * BHAVYEH HOTELS & RESORTS PRIVATE LIMITED * VINCENT BUILDCON PRIVATE L....
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.... have been disqualified prior to 7th May 2018, qua other companies in addition to the defaulting company: As per the proviso to Section 167(1) (a) of the Companies Act, 2013, once a director is disqualified qua one company i.e., the defaulting company, the office of the said director would become vacant in all companies. The said proviso, has, however, come into effect only on 7th May, 2018. In Mukut Pathak (supra) it was held that this proviso cannot have retrospective effect and would only apply if the disqualification took place after 7th May 2018. Paragraph 98 of Mukut Pathak (supra) reads as under: "98. In view of the above, the petitioners would not demit their office on account of disqualifications incurred under Section 164(2) o....
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....SS-2020 to conclude that the purpose of the scheme is to provide an opportunity for 'active' companies i.e., companies whose names have not been struck off, who may have defaulted in filing of documents, to put their affairs in order. Applying the scheme to the facts of the case, this Court in Sandeep Agarwal (supra) directed reactivation of the DINs and DSCs of directors of two companies-one whose name had been struck off and one, which was still active. Thus, the DINs and DSCs of disqualified directors of struck off companies, who are also directors in active companies, may be reactivated qua the active companies, in line with the spirit of the CFSS-2020. (c) Directors of 'active' companies who have been disqualified: ....