Director Identification Number (DIN) of the director is deactivated upon disqualification which can be due to non compliance of the provisions of Companies Act, 2013. After the Companies Act, 2013 came into existence, the Ministry of Corporate Affairs under section 164(2) and 167(1)(a) of the Act, disqualified many directors due to non compliance. Post which Ministry of Corporate Affairs (MCA) came up with Condonation of Delay scheme which came into force from 1st January to 31st March, 2018 but it was further extended through General Circular No. 02/2018 and General Circular No. 03/2018 till 1st May, 2018. It targets defaulting companies who have not yet filed annual returns and balance sheets.

Post the CODS, the disqualified directors filled writ petitions in the concerned High Courts to seek relief based on Article 226 of the Indian Constitution.

In the case of Srinivasan Sandilya & Others vs. Union of India, Delhi High Court in October, 2017, has ordered stay on the matter. Whereas, in another similar case of Bhagavan Das Dhananjaya Das vs. Union of India, the Madras High Court has quashed the order of the ROC calling it illegal, arbitrary and devoid of merit.

The Disqualified Directors can file an Writ Petition at the earliest to get their disqualification removed and non compliance corrected.