Casual vacany

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Mithun Pal (Querist)

08 June 2012 Hi to all,

Can anyone please answer to the following query...

In a Public Company ( which is not a listed company) there were 3 directors. On 01/05/2012, two of them ( who were INDEPENDENT DIRECTORS) resigned and on the same day 2 other persons ( who are the promoters of the company) were appointed as EXECUTIVE DIRECTORS through CASUAL VACANCY.
I want to know, can EXECUTIVE DIRECTORS be appointed in place of INDEPENDENT DIRECTORS through Casual Vacancy?

If no, then what is the remedy in the above case?

Thank you all,

CS Mithun Pal
Kolkata

Ajay Mishra

Ajay Mishra (Expert)

09 June 2012 Hi

Please confirm, whether resigned director was appointed in general meeting. Whether the resigned director period have been defined at the time of appointment.

As per my understanding to fill up of casual vacancy means appointment of new director on the same designation, character and responsibility.

If casual vacancy is caused by resignation then it is required to fill up by appointment of another director in same category otherwise they will not be treated as filling of casual vacancies.

Regards

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