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2014 (11) TMI 1153 - HC - Companies LawLiability on director Petitioner-Smriti Thingbaijam - Held that:- In the facts of the present case, Petitioner-Smriti Thingbaijam had resigned from the Company on 16.02.2013 and the Board of Directors have accepted her resignation on 18.02.2013 and petitioner-Naveen Kumar Aggarwal had tendered his resignation on 21.02.2013 i.e before the cheque was issued. and is full time employee of Bank of America since 11.12.2006. The said change was communicated to the Registrar of Companies in June, 2013. A photocopy of Form 32 is Annexure P-7 colly. In the case of Smriti Thingbaijam, the Registrar of Companies was informed about her resignation on 16.09.2013 and in the case of petitioner- Naveen Kumar Aggarwal, the Registrar of Companies was informed about his resignation in June, 2013. But this gap would not make the petitioners liable for dishonor of the cheques, which was presented on 27.05.2013 and was dishonored as they had resigned from the post of Directors and their resignation had been duly conveyed to the Registrar of Companies. Thus, they were not involved in day to day affairs of the company and no liability can be thus fastened upon them.
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