Roc disqualified Directors on any submission ground. Now because of a small negligence of care taking agency the big decision taken by Roc where no much justification time is allowed. Where post dated decision has been taken but the reporting other companies are suffering. Need justice
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
ROC disqualification need to be reversed or stayed
Hello,
You may approach the High court and challenge the order of Roc for it being illegal, arbitrary and devoid of merit.
I advise you to contact a local lawyer with complete paper book and then move to the high court under article 226 of the constitution of india.
Regards
According to Section 164(2), no person who is or has been a director of a company which—
(a) has not filed financial statements or annual returns for any continuous period of three financial years; or
(b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more,
shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.
2) Further, Section 167(1)(a) direct that the office of a director shall become vacant in case he incurs any of the disqualifications specified in section 164.
3) you can file appeal before the Tribunal against your disqualification as director under section 252 of companies act
File appeal before Tribunal as advised herein above
Any person disqualified under section 164(2) of the Companies Act, 2013 [the Act] is advised not to act as a director during the period of the disqualification and not to file any document or application with MCA as the same shall be summarily rejected. However, this shall be without prejudice to the liability of the said person for the violation of section 164(2) read with section 167 of the Act including the action under section 448 r/w 447 of the wherever warranted.
it is advisable to approach National Company Law Tribunal having jurisdiction for filing appeal under Section 252.The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013
There could be no Flux of law to take you out of this difficult situation. Take your chance by way of approval the High Court and seeking requisite directions against the ROC for he has failed to discharge it's statutory obligations.
If the decision of the ROC is causing you worries or if you are aggrieved by this, you may prefer an appeal before the higher competent authority seeking relief and remedy by setting aside the said order.
Even if this not fetching you fruitful decision then you may approach court with a suit for mandatory injunction against the ROC restraining it from implementing/executing this ruling.
ROC disqualification need to be reversed or stayed
It is to be set aside and the disqualified members are to be reinstated.