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Cessation of director

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Querist : Anonymous

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Querist : Anonymous (Querist)
31 October 2011 Please suggest if a director has not attended Board Meeting for consecutive 3 board meeting without leave of absence, his office is liable to vacation. Is there any special procedure or filing form 32 would be sufficient to effect the cessation?
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CS Suraj Arora

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CS Suraj Arora (Expert)
31 October 2011 Dear

If we see the provisions of section 283(1)(G) of the companies act which provides for the above said cessation...

but if we see practically the ROC will not approve the eform 32 for the above said cessation.

Even this cessation is challenge able in CLB and mostly decision will go in favour of ceased director.
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Querist : Anonymous

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Querist : Anonymous (Querist)
31 October 2011 Thank you sir. But is not there any other option to remove the director without any hassel? There is a deadlock.



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Rasesh

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Rasesh (Expert)
31 October 2011 Pass a Board resolution in the forth meeting and get the form 32 filed
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Querist : Anonymous

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Querist : Anonymous (Querist)
01 November 2011 Thank you. One last question. What can be the consequences if the removed director raise objection?
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Rasesh

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Rasesh (Expert)
01 November 2011 No consequences whatsoever. Leave of absence is not sought and hence not granted. legally, he is liabile to vacate office.

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