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Form DIR 12 shows that the petitioner has been holding the designation of "Additional Director" and category "independent".

The designated partner details in the Ministry of Corporate Affairs shows the petitioner as a "Director" of Mani Square Limited.

Form no. DIR-11 is notice of resignation of a director to the registrar and it is shown in the said form that the petitioner was a "director" of Mani Square Limited from 30th September, 2014 to 31st December, 2016.

Hence the interpretation of the RoC that the petitioner was additional and not Independent Director is wrong and misinterpreted.

The said DIR 12 on page 23 under the column designation it is stated "Additional Director" because this is the requirement of the Act that any director appointed by the Board has to be appointed as Additional Director, however the next column below the said column designation i.e. category, states in the said form DIR 12 as "independent". The RoC has deliberately suppressed to mention in its report the second column category which establishes the fact that the petitioner has been appointed as Independent Director only.

Counter to the reply has been filed by the opposite party. That the attachment to the DIR 12 Form on behalf of Company- Mani Square Limited where petitioner joined as director, clearly states in its resolution dated 2nd June, 2014 that petitioner was appointed as an Additional Director and not as Independent Director.

As per Board's Report along with balance sheet for financial year 2013-2014, it has been mentioned that the petitioner has been appointed as Additional Director with effect from 2nd June, 2014.

Additional Director-Section 161 Section 161(1) provides that the articles of a company may confer on its Board of Directors the power to appoint any person, other than a person who fails to get appointed as a director in a general meeting, as an additional director at any time who shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier.

For Regularization of Additional Director Many people claim that the ROC knows about this director, as the company had already filed DIR 12 at the time of his appointment as additional director. So, following regularization DIR 12 is not required to be filed, which is absolutely a wrong understanding. Since he is now a director, and not an additional director. Therefore, ROC must be informed by filing a new DIR 12 that the additional director has been regularized as a director in the Company.