Acknowledgment of resignation put in by director makes mandatory filing of Form 32 by Co. with ROC

Section 169 of the Companies Act, 2013/Section 284 of the Companies Act, 1956 - Directors - Removal of - Petitioner was a director in respondent-company - Petitioner tendered resignation which was acknowledged by company - Petitioner found that required Form 32 was not filed by respondent-company with RoC - He filed petition and demanded compensation - Respondent-company took plea that resignation of petitioner was not accepted due to financial irregularities and fabrication of accounts by him and same was kept in abeyance in interest of company - In an affidavit company stated that after resignation, petitioner was never served with any notice in respect of board meeting held by company, nor had petitioner been paid any salary as a director which he was getting prior to date he tendered his resignation - Whether this clearly proved that petitioner's resignation was in fact accepted and was acted upon and petitioner ceased to be director of company from date he resigned from board - Held, yes - Whether Form 32 should have been filed within stipulated time period - Held, yes - Whether, however, prayer made by petitioner to award him a sum as compensation for mental agony caused on account of non-filing of e-Form 32 was devoid of merit - Held, yes

Refer:[2014] 44 taxmann.com 20 (CLB - Mumbai)

COMPANY LAW BOARD, MUMBAI BENCH
Kamal Kumar Gupta
v.
Indus Marine (P.) Ltd.