
Delhi HC To Hear Challenge Against Disqualification Of Directors Under Sec.164(2)(a) Of Companies Act
Live LawThe Delhi High Court on Monday Cissued notice to Registrar of Companies as well as the Union of India to file counter-affidavits in a PIL challenging the validity of section 164 of the Companies Act, 2013. The petitions were filed in consequence of the September 2017 notification of the Ministry of Corporate Affairs that disqualified a number of directors of various companies under section 164 of the Companies Act, 2013. The High Courts of Madras, Gujarat and Karnataka have already held the action of Ministry of Corporate Affairs in disqualifying nearly three lakh directors for failing to file annual returns to be invalid. These High Courts reasoned that period prior to April 1, 2014 cannot be taken into consideration for disqualification under Section 164 of the Companies Act.
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