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HC quashes MCA order publishing list of disqualified directors & deactivating DIN
Case Law Details
- Case Name
- Gaurang Balvantlal Shah S/O Balvantlal Shah Vs Union of India (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Gaurang Balvantlal Shah S/O Balvantlal Shah Vs Union of India (Gujarat High Court)
Conclusion: MCA order in publishing the list of directors associated with ‘struck off companies’ under Section 248 of the Companies Act, 2013 on the Website of MCA, showing the status of assessee as “disqualified” Directors was not legally tenable as section 164(2) of the Companies Act would take effect only from the financial year 2014-15. Also, their DIN could not be deactivated as that would run counter to the provisions contained in the Rule 11 of the Companies (Appointment of Directors) Ru...
