TMI Blog1999 (4) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court in Crl.O.No. 2/82. 2. In the application it is stated that the applicant was co-opted as Director of the said company by the Board of Directors on 23 December, 1974 but he resigned from the Directorship on 2 December, 1975, i.e., more than five years prior to the date on which the said company was wound up by this Court, i.e., 24 April, 1981. It is asserted that the applicant had duly s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tating that where Registrar receives a communication from any Director about his resignation, Registrar should enquire whether the resignation of such Director is or is not bonafide and if he finds that Director has resigned bonafide from the Directorship of the company, he should not start prosecution against such Director, irrespective of the fact whether such resignation was or was not accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at letter of resignation, as sent to the Registrar of Companies, was not rejected and the fact that after the receipt of the said letter no prosecution is stated to have been launched against him, presumably in terms of the aforesaid circular issued by the Department of Company Affairs, the non-furnishing of Form No. 32 by applicant No. 2 is of no consequence. 7. Accordingly, for the foregoing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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