R B SHET Vs. SPAN PROJECTS PVT LTD

JUDGEMENT

(1.) THE appellant is before us aggrieved by the order of the learned Single Judge dated 15. 12. 2005 passed in application No. 137/2005.

(2.) FACTS as narrated in the appeal are as under: the appellant was an ex-employee of the Company in liquidation. He was relieved from the services of the Company by his employer from the service on 2. 4. 2001. During his employment with the Company, two Directors resigned to the post of directorship on 1. 6. 2000. The appellant was appointed on 1. 6. 2000. Form No. 32 issued is dated 1. 6. 2000. He tendered his resignation on 2. 6. 2001 in terms of the instructions of the Managing Director. His resignation was accepted and he was relieved from the post of Directorship of the Company. One S. K. Jha was appointed as a director of the Company. The appellant intimated to the respondent that he was not the Director of the Company. He also gave the address of the Managing Director of the Company in terms of the communication dated 13. 12. 2002. He was an employee hardly for about 1 1/2 years. He became the Director on 1. 6. 2000 and resigned on 2. 6. 2001. He was not aware of the pendency of any petition in this Court. An application was filed Under Section 438 (1) (c) of the Companies act. The appellant aggrieved by the said proceedings filed an application in Company application No. 137/05. He sought for a prayer to exempt him from filing books of accounts and records and he also sought for deletion of his name from the proceedings in Company application No. 287/1993. Matter was heard. Learned Company Judge has chosen to dismiss the application. The appellant aggrieved by this order is before us.

(3.) WE have heard the learned Counsel for the appellant and the respondent. Perused the order of the learned Company Judge.