Director Disqualification Remedy — What to Do Next
Addressing a director disqualification under Section 164(2) typically involves regularising the company's filings and, depending on the circumstances and any scheme in effect at the time, may involve a formal condonation or legal remedy — the specific mechanism should be confirmed with a CS or company law professional.
Forms to check
Per-year AGM date overrides (3)
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Select at least one financial year and form above to compute exposure.
ROC Default & Penalty Exposure
Private Limited Company · Generated by PracticeFlow
| FY | Form | Due date | Days late | Penalty |
|---|
Total exposure: ₹0
Verify against the latest MCA notifications and confirm with a qualified CS/CA before relying on this figure. practiceflow.in/tools/roc-penalty-calculator
Regularisation is the starting point, not necessarily the full answer
Filing every outstanding financial statement and annual return addresses the underlying default and is typically a precondition for any relief, but does not automatically and retroactively lift a disqualification that was already triggered — the disqualification is a consequence of the default having occurred, and simply curing the default going forward doesn't erase that history.
MCA has, at various points, run condonation-of-delay schemes that allowed defaulting companies to regularise their filings and, under the terms of that specific scheme, addressed the disqualification for directors who complied within the scheme window. Whether such a scheme is currently open, and its exact terms, changes over time — this must be checked against the current MCA notification rather than assumed to always be available.
When this becomes a legal, not administrative, question
Where no scheme is currently open, or where a director disputes that the disqualification was correctly applied, the available remedy is typically a legal one — through the NCLT or the courts — rather than an administrative correction on the MCA portal. This is squarely a matter for a company law professional to advise on, given how much depends on the specific facts, the timing of the default, and whichever notifications were in effect at the relevant time.
Nothing on this page should be read as a substitute for that advice — it's intended to frame the general shape of the problem (regularise first, then check for an applicable scheme or legal remedy) so a CS and their client start the conversation from a shared, correct understanding of the sequence.
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Why this matters
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See PracticeFlow for CS FirmsEstimate for planning purposes, not legal or compliance advice — always confirm with a CS/CA before relying on any figure or consequence stated here.