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2014 (11) TMI 1131 - HC - Companies LawFailure and neglect to hold the Annual General Meeting within the prescribed period - offence under Section 166(1) of the Companies Act 1956 - liability of petitioner as one of the director of the company - Held that:- As rightly contended by the learned counsel for the petitioner, it is only specifically stated that the petitioner who is accused No.3 in all the above said cases is only a Director of the Company. Nowhere it is stated what role that has been given to the petitioner in the Company, what are his responsibilities and whether the Board has entrusted any of the responsibilities upon him and that he has committed any default under the above said specific provisions. In the absence of such elucidation of facts in the complaint, it cannot be said that the petitioner is liable for the prosecution merely because he is one of the Directors of the Company. Therefore, I am of the opinion that in none of the complaints there is any allegation made particularly against this petitioner that he has committed any default as stated in the above said four complaints. Therefore the complaints alleged against this petitioner, particularly his default is meritless and no prosecution can be continued against this man. Otherwise it would amount to abuse of process of Court. Therefore, the above said proceedings are liable to be quashed.
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