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 ?
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.
can be considered in any judicial forum OR CANT ??????
Thanks for your reply Sir
Not mandatoy to inform ROC. Pl read:
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:
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.