MANISH SINGHLA Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) The petitioner in this case was appointed as a Director of the company being MSPG Trading. As such, the petitioner continued as a Director only till 02nd June, 2017 when he resigned. As such the petitioner ceased to be the Director of the company by operation of law.

(2.) It has additionally been stated in the writ petition that the petitioner had also submitted formal resignation to the Board of Directors of the Company. However, the returns which were required to be filed by the company to this effect were not filed. As such the petitioner continued to be shown as Director of the company in its records.

(3.) The writ petition has been instituted in view of the notices dated 6th September, 2017 and 12th September, 2017 issued under Section 164(2)(a) of the Companies Act, 2013 by the respondents disqualifying the petitioner as Director in the company for the reason that there was a default in submitting returns with regard to the affairs of the said Company, which were statutorily required to be filed with the Registrar of Companies for a continuous period of three financial years.