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TMI Blog2019 (7) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... -7-2019 - MR. JAYANT NATH J. Present: Mr. Kunal Sharma, Adv. for the OL. Mr. Saurabh Soni and Mr. Kshitiz Rao, Advs. for Rajiv Bakshi, ex-director. JAYANT NATH, J.(ORAL) CA No. 1446/2016 in CRL.O.(CO.) 2/2012 1. By this application, the applicant-Mr. Rajeev Bakshi prays that he may be deleted from the array of the parties of the present Crl.O.(CO.) 2/2012. It is submitted in the present application that the winding up petition was filed in 2010 and the applicant had resigned from the claimant Company in 2009. It is further stated that the applicant intimated the Registrar of Companies about the factum of non-filing of Form 32 showing the cessation of the applicant from the boar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 (2) of the Companies Act, the OL can direct the applicant to file the necessary statement of affairs in as much as he has admittedly been director for some time of the company. 5. The above stated contention has been denied by the applicant relying upon the judgment of this court in the case of Dr.J.S. Gambhir vs. Millennium Health Institute and Diagnostics (P) Ltd., (2014) 3 High Court Cases (Del.) 11. 6. The Coordinate Bench of this court in the aforenoted case of Dr.J.S. Gambhir vs. Millennium Health Institute and Diagnostics (P) Ltd.(supra) held as follows:- 25. A plain reading of Section 454(2) of the Act indicates that a Statement of Affairs has to be filed by persons who are Directors on the rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is apparent, from the reply filed on behalf of the company, that the company represented the applicant to be a Director of the company in spite of the applicant having submitted his resignation only on the basis that his resignation had not been accepted by the Board of Directors of the company. In conformity with this stand taken by the company, the company also did not file Form No. 32 with the Registrar of Companies. 28. In the aforesaid circumstances, the substratal controversy that needs to be addressed is whether filing of Form No. 32 or acceptance of resignation submitted by a Director is necessary for the same to be effective. It is well settled that unless otherwise specified in the Articles of Association of a comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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