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2019 (8) TMI 272 - HC - Companies LawDisqualification of Director - Resignation of petitioner from the post of Director of the company - resignation 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 - HELD THAT:- The essential facts of the case are not disputed. There is no dispute that the petitioner was a Nominee Director and had no equity stake in the Company. There is also no material to doubt the petitioner’s claim that he had tendered his resignation and despatched the same by a registered post as well as an e-mail. Since the petitioner had resigned from the Board of Directors prior to 01.11.2014, he cannot be held to have been disqualified under Section 164(2)(a) of the Companies Act, 2013 on account of defaults committed by the said company for a period of three consecutive years commencing from 01.11.2014. This Court is informed that the petitioner’s DIN and DSC have been restored - petition allowed.
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