If one director die among two in a pvt ltd co.

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shamim (Querist)
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12 September 2013 Dear expert
please help, I have a pvt ltd company incorporated in 2007 having loan from sidbi but the case is in DRT and in nov. 2011 among two director a principal director had died and company had not filed roc return from f.y 2009-10 onwards. Now the company have received a notice and warrant of arrest for defaulting u/s 220(3), 162(1) & 159. what should be the remedies against it?

Ajay Mishra

Ajay Mishra (Expert)
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12 September 2013

In Case the director of the company is less than two or the no. of director fix for the quorum, then the remaining director (continuing director or directors) may act for the purpose of increasing the no. of directors to that fixed for the quorum or summoning a general meeting of the company, but no for other purpose.

Please read Regulation 75 of Table A of Schedule I of the Companies Act, 1956.

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