Revival of Director Disqualification in the company
Do you want to Restoration DIN and Removal Of Director Disqualification from MCA? Then your DIN Disqualified will take action on the part of strike off by MCA,
Section 248 of the Companies Act, 2013, mandates the companies. In which default for financial compliances for three consecutive years should be struck off by the Registrar of Companies (ROC).
Worse was that you have removed as Director from all other active companies, and disqualified for 5 years from the day the company was struck off. This was a rather unjustified act by MCA as in most of the cases the directors were caught unawares, they had no inkling of what was coming their way!
Means To Remove Director Disqualification?
Under such a situation, a request for the revival of the company has to enter with NCLT(National Company Law Tribunal) over the state. Where the companies registered office has located.
Once, the order of revival received.
All directors need to look at the NCLT for the revival of strike off the company. it is easy for their directors to restore their career.
Apply for the revival of Company, pay the penalty and company would be active and DIN will be restored.
Other Ways of Restoration of DIN Removal Of Director Disqualification?
If your company has for some reason not taken any concrete step to become active once again, then the only option for you is to take individual and independent action. The only option for restoration of DIN or removal of Director Disqualification is to file, a writ petition in the Jurisdictional High Court.
Know Your Rights under the Constitution of India!
As per the provisions under Article 226 of the Indian Constitution, you can file a right petition in the concerned High Court to seek relief. The most heartening news for you should be that since 2017 many of the aggrieved directors like you, have taken this legal recourse and have gained respite.
Delhi High Court in October 2017, has ordered stay on the matter, in the case of Srinivasan Sandilya & Others Vs. Union of India. This is the only lifeline, Supreme Court is yet to decide on the matter.
In a similar case, Bhagavan Das Dhananjaya Das Vs. Union of India, the Madras High Court has called the order of the ROC illegal, arbitrary and devoid of merit and quashed it.
Much more such judgment from various High Courts of the country has given a new lease of life to many like you.
Therefore, The factors that stand in your favor are:
a. Against the Principle of Natural Justice:
Most of the struck off companies got no Notice, which has a mandatory clause, thus were caught unawares. The affected parties has not given a chance to clarify their stand or rectify the error, this has considered as against the principle of natural justice. which has been declared as a basic structure of the Indian Constitution by the Apex Court.
b. Section 248’s Retrospective application:
As the Companies Act 2013, it has implemented from 1 April 2014 and is a prospective one, therefore, applying any provision of it retrospectively is unjustified. The companies cannot be penalized for financial non-compliance in the year 2017. This amounted to flawed interpretation by the authorities.
c. The Provisions of Companies Act 1956:
The private companies has governed by the Companies Act, 1956, (before the implementation of the Companies Act, 2013). which has no provision of disqualification of directors for non-compliance.
How Does this work
A consulting firm has equipped to deal with such matters, in the shortest time with the best results as they have professionals on their team.
It will draft the writ petition, further file the matter in the High Court. The advocates will make appearances in the Court and accordingly plead the case. They will procure the final order from the High Court and submit it in the respective ROC’s office.
They will file the pending compliance related documents with the ROC and finally, the DIN activated and disqualification removed.
Conclusion
Therefore, if any director of the struck off company wants to remove the disqualification of a director. They can file a writ petition in the high court, DIN restoration activated and disqualification removed.
In case of any help or assistance in filing your Director Disqualification in Chennai, Director Disqualification in Mumbai, Director Disqualification in Bangalore contact Virtual auditor support team on 9962 230 333/9513 93 9333/044- 48560333 /mail us [email protected], our team will guide through the entire process and help you comply
