KAMAL KUMAR GUPTA Vs. INDUS MARINE P. LTD.

JUDGEMENT

(1.) THE above captioned company petition has been filed by the petitioner under section 614 of the Companies Act, 1956. The petitioner has sought an order thereby directing respondents Nos. 1 to 4 to file Form 32 with the Registrar of Companies, Mumbai, Maharashtra, consequent upon his resignation as a director on the board of respondent No. 1 company. The petitioner has also sought relief to the effect that the petitioner may be awarded compensation of Rs. 10,00,000 for the mental agony that he suffered on account of non -filing of the said Form and direct the respondents to pay the same within the time stipulated by this Bench. The briefly stated facts of the case are as under:

(2.) IN pursuance to the notice respondents Nos. 1 to 4 appeared and filed their reply. In the reply, they stated that the petitioner though had tendered his resignation but it was not accepted by the company and it was kept in abeyance in the interest of respondent No. 1 company.

(3.) IT is next stated that if there is any dispute with regard to the office of the directorship of the company, the Company Law Board is not the competent forum to decide the same under the powers conferred upon it by virtue of section 614 of the Companies Act. Based on the above the respondents have prayed to dismiss the petition.