Whether the directors of a company, which in default of clauses (a) and (b) of Section 164(2) of the Act, are disqualified from being re-appointed as directors in other non-defaulting companies in which they were directors at the time of incurring the disqualification under Section 164(2) of the Act?- Mukut Pathak & Ors. Vs. Union of India and Anr. – Delhi High Court
The principal questions to be addressed are:
(i) whether the directors of defaulting companies would be disqualified under the provisions of Section 164(2)(a) of the Act on account of defaults committed by the said companies in respect of financial years ending 31.03.2014 and the preceding financial years?
(ii) Whether the impugned action of the respondents in including the name of the petitioners in the list of disqualified directors without issuing any prior notice or affording the petitioners an opportunity to be heard, is void as being violative of principles of natural justice?
(iii) Whether the directors of a company, which in default of clauses (a) and (b) of Section 164(2) of the Act, are disqualified from being re-appointed as directors in other non-defaulting companies in which they were directors at the time of incurring the disqualification under Section 164(2) of the Act?
(iv) Whether the provisions of Section 167(1)(a) of the Act are applicable in respect to offices of directors, who have incurred the disqualification under Section 164(2) of the Act?
(v) Whether, the Director Identification Number (DIN) and Digital Signature Certificate (DSC) of directors that have incurred the disqualification under Section 164(2) of the Act, can be cancelled on account of them incurring such disqualification?
