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2020 (7) TMI 185

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....pt on record. The petitioner has challenged an undated document disclosing a DIN status which shows that the petitioner has been disqualified by the Registrar of Companies under Section 164(2) of the Companies Act, 2013. Learned Counsel appearing for the petitioner submits that the petitioner is a director of four companies of which only one Company is in default as contemplated under Sectio....

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....tion 168(2) of the Companies Act, 2013, the resignation of a Director takes effect from the date on which the notice is received by the company or the date specified in such notice. The proviso to section 168(2) states that the Director who has resigned shall be liable for offences which occurred during his tenure even after his resignation. Counsel relies on an order passed by the Division Bench ....

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....before March, 2020 when the petitioner came to know of it. Section 168(2) of the 2013 Act is very clear. The resignation of a Director takes immediate effect from the date on which the notice of resignation is received by the company. Hence there is no question of such resignation not being accepted by the company as was the case made out in the reply received by the petitioner on 19th March, 2016....