Sec. 283 vacation of office by a director
This query is : Resolved
30 July 2012
Dear All
Please any one revert me for the below case:
One of the Director of the Company has vacated his office as per sec. 283 of the Co's Act on the ground that Director has fails to pay the call money in respect of shares of the company held by him within six months from the last date fixed for the payment of the call.
My Question is Whether the above said Director will be eligible to get appointed again as Director of the Company or not and if yes then within what time??
Please any one revert me for the below case:
One of the Director of the Company has vacated his office as per sec. 283 of the Co's Act on the ground that Director has fails to pay the call money in respect of shares of the company held by him within six months from the last date fixed for the payment of the call.
My Question is Whether the above said Director will be eligible to get appointed again as Director of the Company or not and if yes then within what time??
31 July 2012
The Bombay High Court has held in (Jayesh Ramniklal Doshi v Carbon Corporation Ltd (1993))that Section 283 merely provides for occuring of vacancy in the office of a director on the specified event taking place and does not prescribe any bar in respect of fresh appointment. Before re-appointment as director, it must be ensured that he is not disqualifies u/s 284 of the Act.
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