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TMI Blog2022 (6) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel for the petitioner Sri Bavani Amir Ali and the learned Additional Solicitor General of India representing the respondent Nos.1 & 2. Notices were served on 3rd respondent on 21-12- 2019 and on 25-2-2020 as per the postal track reports filed by the counsel for petitioner along with Memo of proof of service on 4-2-2020 and 2-3- 2020. The 3rd respondent failed to appear before the court. 3. The learned counsel for the petitioner submitted that the petitioner duly submitted e-Form DIR-12 seeking cessation of directorship of the 3rd respondent in accordance with the provisions of Section 167(1)(b) of Companies Act, 2013, on account of her disqualification due to her absence from all the meetings of the Board of Directors held during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be filed by the Competent Authorities and the same were pending trial before the Economic Offences Court, Hyderabad. Smt. BVS Lakshmi also preferred an application under Section 7 of Insolvency and Bankruptcy Code on account of alleged default for repayments to be made to her by the petitioner company. She also filed an application under Section 130 of the Companies Act, 2013 for reopening of Books of Accounts of the petitioner company alleging falsification of the accounts of the company, which was pending before NCLT, Hyderabad. In view of the private dispute between both the parties and several matters being sub-judice before various courts of law, the respondents had taken a stand to await for the outcome of the litigations and as such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -10-2017 to 1st respondent requesting him to process the form DIR-12. In a meeting dated 8-8-2018, the board of directors of the petitioner company appointed Additional Directors namely, Mrs. Naseemunnisa Mohammad and Mrs. Hussain Shabnam and the said persons were regularized as Directors at the Annual General Meeting (AGM) of the petitioner company held on 29-9-2018. Further, one Mr. Nisar Ahmed and Mr. Mohammad Mazaruddin were disqualified and deemed to have vacated their office as Directors in accordance with Section 167(1) read with Section 164(2)(a) of the Companies Act, 2013 read with the MCA Notification dated 7-5-2018. Due to the pending status of the petitioner's DIR-12 e-form dated 19-4-2017 and 9-5-2017, the petitioner was unable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 13-3-2017. On an appeal preferred before the NCLAT, the NCLAT upheld the order passed by the NCLT, on 22-12-2017. Ms. BVS Lakshmi also preferred a petition before NCLT under Section 130 of Companies Act, 2013 seeking reopening of Books of Accounts of the petitioner company. The said matter was pending before the NCLT. The petitioner company along with its directors were contesting the matters before the respective courts. 9. Considering the submission of the learned counsel for the petitioner and the learned Additional Solicitor General of India, this court is of the opinion that mere pendency of such complaints shall not be a ground to hold the processing/acceptance of Form DIR-12 filed by the petitioner for cessation of directorship ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed." 11. A perusal of the above provision would clarify that the Registrar of the Companies is under obligation to register the entries envisaged in the aforesaid sub-Section. The word 'shall' used in Section 398 (1)(f) of the Companies Act, 2013 denotes that, it is mandatory for the Registrar of Companies to register, process and accept such forms. Filing of Form DIR- 12 was procedural in nature and the same was done pursuant to appointm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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