Appointment of Additional Director or independent Director - ...

Court Clarifies Appointment as Additional Director, Not Independent Director, Despite Incorrect Declaration in Form DIR-12.

July 1, 2022

Case Laws     Companies Law     HC

Appointment of Additional Director or independent Director - incorrect declaration in the aforesaid Form DIR-12 or not - The subsequent documents along with the resolutions if taken at its face value makes, it is abundantly clear that Mr. Bakshi was appointed as an Additional Director and there was no intention on the part of the petitioners to appoint him as an “Independent Director” nor any attempt was made to project him as “Independent Director”. One single statement that his consent was taken as “Independent Director” cannot be construed that the board of Directors had actually appointed him as “Independent Director” and not as “additional Director” - HC

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