2019 (8) TMI 272

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....E R VIBHU BAKHRU, J 1. The petitioner has filed the present petition impugning an order dated 07.09.2018 passed by Registrar of Companies (ROC). 2. By the said impugned order, the ROC has not accepted the petitioner's contention that he had resigned from the company, CTM Business Private Limited (the Company), on the ground that the said company had not filed a Form-32 and the petitioner ....

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.... in default in filing its return and consequently was struck off from the Register of Companies under Section 248 of the Companies Act, 2013. The petitioner was included in the list of disqualified directors published by the respondent/ROC as being disqualified to be appointed as a director under Section 164(2)(a) of the Companies Act, 2013. This was on account of the defaults committed by the Com....

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....e material time. He reiterates that he resigned from the Company on 29.03.2013 and the Companies (Appointment and Qualification of Directors) Rules, 2014 had not come into force at the material time. 7. The learned counsel appearing on behalf of the respondents was pointedly asked whether the ROC was accepting Form DIR-11 in respect of the resignations that had been affected prior to the said R....

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....gistered post as well as an e-mail. Since the petitioner had resigned from the Board of Directors prior to 01.11.2014, he cannot be held to have been disqualified under Section 164(2)(a) of the Companies Act, 2013 on account of defaults committed by the said company for a period of three consecutive years commencing from 01.11.2014. 10. In view of the above, the impugned order is set aside. ....