Removal of director
This query is : Resolved
27 August 2013
Can a Single shareholder holding only 10% shares of a public co. remove a director by giving a Special notice u/s 190?
Ajay Mishra
(Expert)
27 August 2013
Hi
The special notice can be given by even a single member irrespective of the number of shares he holds. The Karnataka High Court has observed in Karnataka Bank Ltd. v A.B. Datar (1994) 79 Comp Cas 12 (Kar) that section 284 is an independent provision and the procedure prescribed for removing a director cannot be subordinated to the provisions of section 188.
The special notice can be given by even a single member irrespective of the number of shares he holds. The Karnataka High Court has observed in Karnataka Bank Ltd. v A.B. Datar (1994) 79 Comp Cas 12 (Kar) that section 284 is an independent provision and the procedure prescribed for removing a director cannot be subordinated to the provisions of section 188.
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