Jul 12,2019 | 10 min read

Stay by High Court on Directors Disqualification and Striking off of Company Name By Dr. Gubbi S Subba Rao

The Ministry of Corporate Affairs(MCA) -Govt of India issued a public notice of names of 3,09,614 Directors of Indian Companies associated with the companies that failed to file financial statements or annual returns in the MCA21 online registry for a continuous period of three financial years 2013-14 to 2015-16 in terms of provisions of section 164(2) read with 167(1)(a) of the Act. Such Directors are Disqualified from holding directorship for 5 years in any Company.

Such Notification was issued in September 2017 and the same was challenged before the respective High Courts including the High Court of Karnataka and we were able to get a stay and favorable judgment for Aggrieved Directors. 

Further,the MCA has struck off the names of companies while exercising the power under Section 248 of the Companies Act 2013 and we have successfully filed applications before National Company Law Tribunal across India, including Bengaluru and taken favorable order for restoring the name of the Company. 

We, in the recent past, have seen that the MCA has continued to issue notification of Disqualification of Directors and also striking off of the company names. If anybody is affected by such orders, they can approach us and we will be happy to provide legal assistance. You may contact at attorney@drgubbishouseofjustice.com; Mob: 8105671578.

 

Dr Gubbi S Subba Rao

Attorney @ Law, Ombudsman & Neutral

1.Chairman-Federation of Integrated Conflict Management-Mediation & Conciliation Network-for South India 

2. Neutral, Ombudsman, Attorney in Private International Law in many International Arbitration Associations, Forums in ASEAN Countries

3. Judicial Member-KERC's Consumer Grievance Redressal  Forum @ BESCOM, Urban

‚Äč4. On Board of Specialist Counsel Panel- Hammurabi & Solomon

5. In-House Counsel-FKCCI- Legal Wing, ADRF, International Arbitration Center

6.  Joint Secretary for Bangalore Employers Association

 

Disclaimer : The views, thoughts, and opinions expressed in the text belong solely to the author, and not necessarily to the author’s employer, organization, committee or other group or individual.

 


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ABOUT THE AUTHOR


Dr Gubbi Subba Rao

We assist clients both small and large corporates in International commercial disputes in conciliation, mediation, international arbitration and litigation before appropriate courts globally. We handle disputes under different jurisdiction courts globally : BAR ASSOCIATIONS IN EUROPEAN COUNTRIES , BAR ASSOCIATIONS IN UAE, BAR ASSOCIATIONS IN FAE EAST, etc. Appearances: INDIA, ASIA, UK, UAE, EUROPE, FAR EAST, Others.

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