Appeal against director disqualification

790 views 6 replies

Vignesh

Finance executive

256 Points Joined December 2017

A Director is disqualifed under Section S.164(2) of companies act 2013 for non filling of Financial statement and annual Return.And during shell company name strike off this director is get disqualifed to act as a director under s.164(2).

Now we went to NCLT Under Section.252 for getting Stay.During appeal period now this director can be act as a director or not?.and he is also a director in another Pvt Ltd which is acively filling Roc Return.All the director of this active Pvt Ltd is Disqualifed.

What should do next action by this active Pvt Ltd.and please explain s.252 appeal.

Replies (6)

Akash Makhija

56 Points Joined December 2017

as per section 167 if directors is disqualified under section 164 then he has to immediately vacate the office of director.It means he cannot act as director in other company also

Vignesh

Finance executive

256 Points Joined December 2017

Director is already vacated the office.that is not the issue. I am asking what is the remedy to remove disqualification of director?

and S.252 appeal is way to remove disqualification or not? IF Not any other way is there.

If we have to submit for DIR-10 then where is to be sumited?

Akash Makhija

56 Points Joined December 2017

section 252 deals with appel to tribunal for restoration of name of company if it has been stricked-off by the ROC.and appeal can only be made by any of the 3 . provided they are aggrived by striking off off the company .

1.company
2.member
3.creditor.

so we can say that section 252 has nothing to do with director disqualification.

and further i like to point out that if director is disqualified than i don't think so you can make a appeal against it we know that excuse to law is not an excuse.

Akash Makhija

56 Points Joined December 2017

dir is to be submitted on mca website you can download it and upload on the website.

Vignesh

Finance executive

256 Points Joined December 2017

DIR-10 is one of the option to remove disqualification of director.But I don't Know where to submit and how to submit DIR-10.....

Akash Makhija

56 Points Joined December 2017

Dir 10 is available on mca website
you can download from there and submit it.

But you must understand it that DIR 10 is not a form for removal of disqualification but an intimation of removal of disqualification after the end of period of 5 year( during which director was disqualification as he contravene the section 164(2). ). You must understand it he will be disqualified for 5 year .