Removal of directoer who is also a promoter of the company

gunja singh (Querist) 19 July 2012 This query is : Resolved
Whether Director Retire by rotation is apllicable of the those companies which are registered under section 25 of the companies act 1956?

If Article & Memorandum of association does not contain the clause of director retire by rotation then what will be the remedy if one of the Director who is also the promoter of the company retire under rotation without any notice and information.

The Rest of the Director file the Form 32 of that director without his consent letter and give a reason in his resolution which are attached with form 32 is the director not seek to reappoint. Please suggest if any remedy is there under companies act

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Guest (Expert) 18 August 2012
Provisions of retirement of directors by rotations are not applicable to a section 25 companies.

gunja singh (Querist) 23 August 2012
Dear Sir,

I kown that director retire by rotataion is not applicable for those companies which are registered u/s - 25 of the companies Act 1956. But board of directors delibrately take a resolution and filed the form 32 of the cessation of director then in that circumstances what will remedey.

1. intimation to ROC.
2. filed the criminal case agaist the board member for act of cheating.
3. send a legal notice to the Board members those who passed the following resolution.

Pls... suggest me.

Thanks & Regards,
Gunja Singh

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