VIBHOR MEHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an order dated 07.09.2018 passed by Registrar of Companies (ROC).

(2.) By the said impugned order, the ROC has not accepted the petitioner's contention that he had resigned from the company, CTM Business Private Limited (the Company), on the ground that the said company had not filed a Form-32 and the petitioner had not filed Form DIR-11 with the ROC. The ROC has also held that since the said Form was not filed, the petitioner continued to be a Director of the said company.

(3.) It is the petitioner's case that he resigned from the Company on 29.03.2013. The petitioner states that he had sent his letter of resignation by a registered post as well as by an e-mail. In support of the said contention, the petitioner has also produced the copy of the postal receipt as well as the e-mail. The petitioner also states that he was a Nominee Director and did not have any equity stake in the Company. Since the Company had not sent the information regarding the petitioner's resignation from the Company, to ROC at the material time, he continued to be listed as a Director on ROC's record.