(Querist) 25 November 2011
This query is : Resolved
The director resigned from the company by tendering his resignation in writing addressed to board of directors. The board of directors did not file the Form No. 32 with the registrar of companies (ROC)intimating the ROC regarding the resignation tendered by the director. How the company or the board of directors can be compelled to file the requisite Form No. 32 with the ROC? Can it be done through by filing a suit for mandatory injunction against the company?
You may kindly see S.303(2). It is compulsory for the company to file the resignation of the company director.
Form 32 is not only for intimating the new appointment, it is also used for resignation also.
(Expert) 26 November 2011
Dushyant D Anjaria V. Wall Street Finance Ltd., (2001) Comp. Cas. 655 (Bom)
The court held that the resignation of a Director would be effective from the date it was submitted, for the reason that the letter brings out clearly the intention of the person to resign. So far as the formalities like filing up Form 32 and sending it to the Registrar of Companies were concerned, it was for the company to comply with them in conformity with the provisions of Sec. 302 or Sec. 303 of the Companies Act.
Where there was delay or negligence on the part of the company in intimating the Registrar about the date of resignation, the Director who had resigned could not be saddled with responsibility and liability for such delay.