Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2022 (10) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 440 - NATIONAL COMPANY LAW TRIBUNAL , ALLAHABAD BENCHSeeking interim relief of issuing directions to the other director to affix his digital signature in the prescribed E-Form 22A (Active) sent to him by the applicant - HELD THAT:- The paramount duty of this Tribunal is to see whether a company has followed the principles of natural justice while taking decisions and has protected the interests of shareholders and the survival of the company itself. It is also observed that the respondent No. 1 is a party to all the decisions regarding the appointment of the applicant as a director of the company. It is apparent that, for some reason, there is a dispute between the two directors, but that does not entitle either of the Directors to take such steps, which will adversely impact the legal status of the company. It is also noted that the complaint against the applicant before the ROC has been closed - As the respondent has fairly admitted during the proceedings that the affairs are currently managed by the sole surviving respondent director, i.e., respondent No. 1, it is all the more obligatory for him to ensure compliance with all the Rules and Regulations laid down in the Companies Act 2013 and the Rules made thereunder. The respondent No. 1 is directed to make compliances under Rule 25A and affix his digital signatures in the prescribed E-Form 22A (Active) sent to him by the applicant through email dated 23.04.2022 and file the same along with payment of fee/penalty as required so that the status of the company becomes active within two weeks - List the case on 29.11.2022.
|