Bikash Chnadra Singh vs Administrator Cum Managing Dir on 12 January, 2017
Author: Shivaji Pandey
Bench: Shivaji Pandey
Patna High Court MJC No.3407
then existing Directors namely
Mr. Mohd. Azmi digitally signed Form No. DIR - 12 which was
submitted to Ministry of Corporate Affairs for purpose of appointment ... also appointed as Director of appellant
company and Form No. DIR - 12 to this effect was submitted with
Ministry of Corporate Affairs for effecting
Company by filing eform DIR11
with the Registrar of Companies. However, because of
the reason that DIR12 is not filled ... relate to resignation of a Director, do
not provide that DIR11 and DIR12 are to be filled
in simultaneously for consideration of resignation
said DIR-12 and marked as Exhibit "F".
XII. On 16th December, 2014, the Form No. DIR 12 was filed
purporting to appoint ... DIR-12
and the same is marked as Exhibit "G"
On 17th December, 2014, the Respondent No. 2 filed the Form DIR
12
proved certified
copy of Form No. DIR12 of accused company alongwith
annexures Ex DW1/2 (colly), certified copy of details of
signatories ... affairs of the accused company,
however, as per the form no. DIR12 of accused company Ex
DW1/2 alongwith annexures as produced
with effect from 21.07.2017. It was also found that Form
No.DIR 12 was submitted by the members with a resolution appointing the second
respondent
ANNEXURE R3(a): TRUE COPY OF FORM DIR - 11
ANNEXURE R3(b): TRUE COPY OF FORM DIR - 12
//TRUE COPY//
P.S.TO JUDGE
tendered. Presummoning evidence was closed. Form DIR 11, Form DIR
12 and company master date were placed on record. Arguments on
summoning heard
with effect from 21.07.2017. It was also found that Form
No.DIR 12 was submitted by the members with a resolution appointing the second
respondent
TRUE COPY OF THE FORM NO.DIR 12 DATED 15.06.2017
EXT.P5 A TRUE COPY OF THE PROCEEDINGS DATED 12.11.2014 IS THE
DISTRICT COLLECTOR
