9911796707
TMI Blog2001 (10) TMI 1129X X X X Extracts X X X X X X X X Extracts X X X X ..... d. On December 1, 2000 a notice was given by District collector/ Tehsildar, Government Dues Recovery, District Mumbai to M/s. Arihant Agro Products Ltd., informing them the claim made by the Deputy Commissioner, Hyderabad Division, C.S. No. and District Collector No. as per the books of the District Collector the land belonging to Mr. Saumil D. Mehta was to be attached and the revenue due and payable and till date has not been so paid for the years 1988-89 to 1992-93 which is to the tune of a sum of Rs. 22,30,316 and a notice fee of Rs. 2 aggregating to Rs. 22,30,318 ought to be paid by said M/s. Arihant Agro Products Ltd., and petitioner Saumil D. Mehta. The office of the District Collector/Tehsildar, Government Dues Recovery, informed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and printed in the balance sheet of the said company. Therefore, Shri Vasudeo submitted that as the present petitioner had already resigned from the post of director of the said company, the recovering authority was not entitled to attach his personal-private property which had no concern whatsoever with the assets and liabilities of said M/s. Arihant Agro Products Ltd. whatsoever. He submitted that without giving him the opportunity of being heard, his private and personal property happens to be attached by the recovery authority which has been entrusted with the work of making the said recovery for Andhra Pradesh Sales Tax Department. He submitted that the said process be quashed because it infringes the fundamental rights guaranteed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er to the chairman of the said company or its secretary. Is it necessary for such a director to fill up form No. 32 and is obliged to give a notice or intimation to that effect to the Registrar of Companies? The question arises for our adjudication is whether that particular director is obliged to give such information to the Registrar of Companies and whether he cannot retire without complying with the said requirement. 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 sending a notice to the Registrar of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the board of directors has accepted it and has acted on it, such director cannot be held liable for the liability incurred by the said company after the date of acceptance of his resignation except the liability which has been incurred by him for purchase of shares of the said company and nothing more. 8.. In the present case, it was necessary for the authority which was executing the RRC to give a due notice of its intention to execute the said RRC against the present petitioner and his personal property. It was necessary for the authority executing the said RRC to give him appropriate hearing for the purposes of understanding his case and his grievance. Without doing that, the authority is not legally competent to execute it by either a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., by following a due process established by law. Needless to point out that the authority executing the said RRC is also bound to give opportunity of hearing to the petitioner before putting the said RRC or any RRC in future to execution. The RRC is to be executed by following due process established by law and not by any other remedy. 10.. Thus, the said RRC stands quashed. The attachment, if any, in consequence of the action taken by the authority executing the said RRC stands quashed. The executing authority is declared to have been exonerated from the obligation of executing the RRC which has been passed by the Sales Tax Department of Andhra Pradesh to it for execution. 11.. Thus, rule stands made absolute in terms of prayer cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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