I have received a notice of director disqualification in Guwahati for non-filing of annual returns; how can I challenge it?
ME Asked by Meera Krishnan from India
Quick Answer
The Ministry of Corporate Affairs issues disqualification under Section 164(2)(a) of the Companies Act, 2013, when a director's company fails to file financial statements or annual returns for three consecutive financial years.
Detailed Legal Analysis
The Ministry of Corporate Affairs issues disqualification under Section 164(2)(a) of the Companies Act, 2013, when a director's company fails to file financial statements or annual returns for three consecutive financial years. You can challenge the disqualification by filing a writ petition before the Gauhati High Court under Article 226, arguing that the disqualification is arbitrary, discriminatory, or violative of natural justice.
Several High Courts have stayed such disqualifications where the director was not given a hearing. You should also consider the Assam Rent Control Act 1972 provisions if the company's registered office falls within a state-specific regulatory framework.
The disqualification operates for five years from the date of the default. Remedial measures include filing all pending returns and seeking activation of the DIN through the NCLT or the High Court.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.