Board resolution for written statement
Bhaven
(Querist) 30 March 2018
This query is : Resolved
Is a Board Resolution authorizing one of the Directors to defend an eviction suit and sign and verify a written statement mandatory?
I am the Plaintiff in an eviction suit. Whether I can point out this defect to the Court and whether the Court can strike out the defence or alternatively frame an additional issue? The matter is at the stage of cross-examination (cross has not yet commenced).
Thanks in advance!
Guest
(Expert) 30 March 2018
You could Plead but it would be subject to the Discretion of Court.
Guest
(Expert) 30 March 2018
Even if one of the Director is going to be the Authorized Defendant you need not worry and it is not going to affect your case.
Guest
(Expert) 30 March 2018
Your Well Preparation and Good Home Work and Very Hard Work in your Cross Examination . Oral Argument and Written Argument would fetch you the Success..
Bhaven
(Querist) 30 March 2018
Thank you. To clarify the reason for the query, the defendant company is grossly non-compliant with Companies Act provisions. Only 1 Director is alive and company has not filed annual returns since 2005 and the company is defunct. In no circumstance could the company have convened a board meeting and authorized a Director to defend the suit. While I have initiated complaint procedure with the ROC, I wanted to know in light of these facts, whether it would benefit my case.
Guest
(Expert) 30 March 2018
Normally the Registrar Of Companies Do not take these matters very Seriously So far
Guest
(Expert) 30 March 2018
They would only concentrate on Levying the maximum penalty as and when the Company approaches for Renewal.
Guest
(Expert) 30 March 2018
Even in the Cases of companies Listed with NSE and BSE the only action what they would take is they would Suspend the company for Non Compliance of Quarterly Returns and annual Returns and Non Payments of Annual Listing Fee.
Guest
(Expert) 30 March 2018
Many such Companies would have been Closed and the Directors would have Vanished.
Guest
(Expert) 30 March 2018
See in the Case of Sathyam Computers the SEBI was sleeping until his Directors were arrested for producing a Fake Bank Deposit Certificate.
Guest
(Expert) 30 March 2018
So far in India there is No suitable valid law for these sort of activities.
Guest
(Expert) 30 March 2018
Ultimately the Only Sufferers would be Innocent or Idiotic Or Greedy Share holders Only.
Guest
(Expert) 30 March 2018
Any how you could continue with your Proceedings and wait for the Result.
Guest
(Expert) 30 March 2018
National Company Law Tribunal - NCLT is also there in every State/ Region you could submit an complaint there also..But I would not guarantee you any good Results from them also
Guest
(Expert) 30 March 2018
All the Best - Please
Guest
(Expert) 30 March 2018
Unless and Until A Board Meeting is conducted and Board Resolution is Passed and intimated to ROC and only if the ROC had taken it on Record the Appointment is Invalid Legally. You could object on this ground very strongly obviously it would be accepted and agreed by the Court.. You should say that Legally the procedures Of ROC is not followed.Any Tom Dick and Harry can not claim him self as Director with out a Board Meeting. Board Resolution and Acceptance Of ROC.
Guest
(Expert) 30 March 2018
Mr. Bhaven,
Please try to give some serious thought, may that the company be defunct, in a single Director Board of a company, who else can be authorised to defend the eviction suit and sign the written statement, if not the sole Director himself?
Also, if the company is defunct, has the name of the company been stricken down from the record of the ROC, as a non-existent company?
Also the matter is required to be reviewed whether a single Director of the company is barred from passing any resolution?
I don't think the incident of non-filing of return to ROC can debar a company from transacting its business or dealing with its clients, unless the company is ordered to be wound up by the ROC.
Instead of getting misled by some one at this forum better consult some very experienced company secretary of a good company. He can help you voluntarily to apprise you about the processes of the company even if the company is defunct. Some jobless lawyers may try to mislead you by making multiple vague and irrelevant posts to create an impression on you.
Since you are a CA as well as LLB, you have to apply your own wisdom also to avoid getting distracted unduly.
Guest
(Expert) 30 March 2018
Innocent , Ignorant Idiotic Dhingra alias Jigyasu First Any company;s name once Registered will not be stricken down at ROC. so easily.
Guest
(Expert) 30 March 2018
Psychiatric Patient Dhingra alias Jigyasu should not prove his idiotic ignoracne by Stating A single Director of a Limited Company could make an Board Resolution which is Not Legally acceptable
Guest
(Expert) 30 March 2018
Mentally Retarded Dhingra alias Jigyasu should understand ROC will not accept any additional Board Resolutions until and Unless all the Pending Fee is Paid with Penalty and all the compliance are up to date.
Guest
(Expert) 30 March 2018
Lunatic Dhingra alias Jigyasu could post for any further doubts please
Guest
(Expert) 30 March 2018
@ Mr. N.J.S. Rajkumar,
I have posed some questions for the querist to give some thought over them and to consult some experienced company secretary. Those questions are not for you. However, if you are expert on company laws, you may better guide him with reference to the relevant sections of the law, instead of making irrelevant multiple posts.
I can very well guess the irritated state of mind of a jobless lawyer. You may be in hunt of clients, but should be rational to some extent in guiding the querist.
By the way, with specific reference to the eviction suit, what was the relevance of mention of NSE, BSE, satyam computers or the sufferings of the shareholders, as you referred in your multiple vague posts?
Rest assured showing your face multiple times on a single thread can't convince the querist about the correctness of your advice. MULTIPLE ENTRIES ON YOUR PART AGAINST A SINGLE QUERY GIVE A VERY CLEAR IMPRESSION THAT EVEN YOU ARE DOUBTFUL ABOUT THE CORRECTNESS OF YOUR OWN ADVICE.
Guest
(Expert) 30 March 2018
@ Mr. Bhaven,
You can see, to what extent the truth has bitten the multiple poster. Do you believe he can guide you properly as per the law of the land?
had he been sincere in his advice, instead of starting abused for me, he could well have justified his advice by referring the relevant sections of law.
Guest
(Expert) 30 March 2018
How to address an Lunatic Mentally Retarded and Psychiatric Patient Please ' It is only the Medical terms of your Diseases informed by your Doctors to MS Usha Kapoor Advocate Please. Confirm it with Expert Ms Usha Kapoor she only confirmed it to me that she had seen you under going treatment in mental hospital when she met her Doctor friend there at your mental hospital for lunch please.
Guest
(Expert) 30 March 2018
Any how From now on wards I would address You as Respectable Lunatic Honorable Mental Retarded and His Highness Psychiatric Patient Mr Dhingra alias Jigyasu, Is it okay for you please
Guest
(Expert) 30 March 2018
@ NJS,
Don't tell story of your own medical treatment, as readers can very well judge from your posts, who is mentally retarded and to what extent.
No objection, if you prefer to expose the state of your own mental sickness.
Guest
(Expert) 30 March 2018
Nothing Wrong Honorable Lunatic Dhingra alias Jigyasu Normally the Respected Mentally Retarded like you would think real life as stories and dreams as real life. I really Pity you my old friend take care take pills properly and sleep well. But I know your depression would certainly make you come back here again now.Better call the Medical Attender standing out side your room for precaution as informed by Ms Usha Kapoor your Doctor told her that an Attender is allotted to Dhingra alias Jigyasu for his safety please.
Guest
(Expert) 30 March 2018
Oh, your joblessness seems to have affected your brain too much!
Guest
(Expert) 30 March 2018
Thanks for Confirming my Prediction Honorable Lunatic Dhingra alias Jigyasy as I said you are Back Please
Guest
(Expert) 30 March 2018
Welcome Back Respected Mentally retarded Dhingra alias Jigyasu
