Is this allowed ? resignation as director of pvt ltd co

xxx

Can a person who is still AS ON DATE  shown as Director of Pvt Ltd company on Ministry of Corporate Affairs websites claim in court that he has resigned as a Director but somehow not submitted resignation to ROC (Registrar of companies) 

Can a person resign by submitting resignation to Board of Directors and without communicating to ROC ? How will this situation be assessed in court of law. 

 

This is related to divorce case where the husband had exposed lies of wife (who is director) 11 months back to court by submitting docs of company formation from ROC, Office location and telephone details to court. Wife has still not officially submitted or ensured her name is dropped as Director from MCA records/website. She is 33% shareholder in company and company is profit making entity with turnover exceeding 60LPA

 

How will this situation be viewed legally in court of law for maintenance calculations. We want the court to consider the company act law and ask wife to clarify her position on employment and then only pass judgement. Are there any judgements passed by any courts that stipulates following the guidelines laid down as per company act for consideration of resignation of Director of P Ltd co ?

 

 
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Proprietor

Unless and until the resignation from Directorship of a company is filed in prescribed manner with the respective Registrar of of Companies and duly acknowledged, the claim of resignation from Directorship of the Company can be considered in any judicial forum. Since such documents are now filed online, the same info. will automatically be available in MCA site for public viewing.

 
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xxx

can be considered in any judicial forum OR CANT ??????

Thanks for your reply Sir

 
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Retired

Not mandatoy to  inform ROC. Pl read:

  1. More  importantly, though it is not mandatory, Accused No.5 had endorsed a copy of his resignation to ROC, Mumbai, also on 01/08/1997 and its acknowledgement has been submitted to court and is availablet as Exhibit No.45. In the case of Dushyant D. Anjaria v. Wall Street Finance Ltd. [2001] Comp. Cas. 655 the Bombay High Court held that the resignation of a Director would be effective from the date it was submitted, for the reason that that letter brings out clearly the intention of the person to resign. Therefore, as the resignation by a director relinquishing his office as such director is of an unilateral character it comes into effect when the act of such resignation to relinquish the office is communicated to the Board.

2)     A director of a company, who has tendered his resignation from the directorship of a company is under no obligation to pend his resignation to the ROC as held by a Division Bench of the Hon’ble Bombay High Court in the case of Saumil Dilip Mehtavs Stale Of MaharashtraAnd Ors. on 18 October, 2001 [ quivalent citations: AIR 2002 Bom 194, 2002 - (2) BomCR 594, (2002) 3 BOMLR 514. The relevant portion of the judgement reads as under:

  1. Keeping in view the provisions of the Companies Act the relevant articles of the Constitution of India, we come to the conclusion that a director of the public limited company or private limited company can tender his resignation unilaterally and without filling in form 32 and without pending a notice to the Registrar of Companies.
 
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xxx

Sir, thanks for your revert..........the judgements you have cited are as old as 2001 year. The company act law has gone through several revisions. Please clarify on this point, i may stand corrected if thats not the case. I have read cases where in cheque bounce cases under NI act the court helds the ROC records as proof/evidence of a Directors appointment /resignations

Note - what im asking is can any person who is still as on date shown as DIRECTOR of P Ltd co with ROC/its website stand in the court of law and claim, he no longer is a Director. I understand the company has to inform ROC by filing form DIR 12 and also the Director resigning has to file Form DIR 11 informing the ROC. The form 32 is an important ROC document that informs to the public about appointment/resignation /replacement of a Director.

Since matter in question has a financial implication as its a maintenance issue in divorce where the wife who is a Director of a profit making company is hiding her income/work employment to the court.....

Doesnt it become a matter of investigation / leading evidence to establish the truth OR will the court believe what the wife (who still appears as Director) says with an intention to harass the husband for sake of claiming huge alimony.

Is there any legal standpoint that i need to take to present my case firmly to court to establish wife is lying to the court (as its a fact that she is very much as Director as found after visiting her offices / and as claimed by herself on professional networking sites ). 

Legal experts please help me understand and present the case to Family court.

 

 

 

 
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