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Companies Law - Highlights / Catch Notes

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Effect of resignation from Directorship - ROC refused to remove ...

Companies Law

February 28, 2024

Effect of resignation from Directorship - ROC refused to remove the name of the Petitioner as a Director of Respondent No. 4-company - The High court acknowledged the peculiar circumstances of the case, particularly the non-commencement of business by the company and the impact of the Covid-19 pandemic. - The court interpreted Section 168(2) of the Companies Act, 2013, to determine the effective date of the petitioner's resignation as director. - Despite the company's failure to fulfill certain compliances, the court found no justifiable reason to prevent the Registrar of Companies from updating its records to reflect the petitioner's resignation.

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