(Per: HONOURABLE THE CHIEF JUSTICE) Date : 29-07-2024 Both the writ petitions challenge the disqualification of Directors. CWJC No. 6605 of 2021 raises the issue of the effect of the Companies (Amendment) Act, 2017 specifically with respect to the introduction of the proviso under Section 164(2) of the Companies Act, 2013 and the insertion of sub-

clause (1) in Section 167(1).

2. Shri Amar Kumar Singh, learned Counsel appeared for the petitioner in CWJC No. 6605 of 2021 and none appeared in the other writ petition. Dr. K.N. Singh, learned Additional Solicitor General of India appeared for the respondents, assisted by Shri Alok Kumar, Central Government Counsel.

3. Learned counsel for the petitioner argued that the proviso under Section 164(2) apply squarely in the case of the petitioner in CWJC No. 6605 of 2021. It is pointed out from the decisions of the various Courts produced along with the rejoinder filed that the proviso introduced enabled the continuation of the petitioner’s directorship for a period of six months and for that purpose his Director Identification Number (DIN) should also be restored.

4. For the respondents, it was first pointed out that the term of the di