Section 283(1)(g)

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This query is : Resolved

Abhilasha Pandey (Querist)

26 June 2012 Hi all,

Please suggest :

2 Directors (NRI) have ceased from directorship u/s 283(1)(G) in a Pvt. ltd co.

Company always sent all notices and copy of minutes to both the Directors and no leave of absence was granted to them for last 3 consecutive meetings.

Now, Directors wants continue their Directorship in Company. Is there any way to restore their directorship??

Thanks in advance ...
Abhilasha

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

26 June 2012 Yes you can reappoint them as a director by taking resignation from them and then re-appointing them as a additional director.

Take the resignation prior to the date of happening of event under section 283(1)(g)

Abhilasha Pandey

Abhilasha Pandey (Querist)

26 June 2012 Form 32 has been uploaded with ROC u/s 283(1)(g). Are they eligible for re-appointment ?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

26 June 2012 The Bombay High Court has held that section 283 merely provides for occurring of a vacancy in the office of a director on the specified event taking place and does not prescribe any bar in respect of fresh apppointment.

(Jayesh Ramniklal Doshi v Carbon Corporation Ltd (1993) 76 Comp Cas 748 (Bom):(1993) 12 CLA 38(Bom).

However note that before re-appointment, ensure that he is not disqualified u/s 284 of the Act.

Abhilasha Pandey

Abhilasha Pandey (Querist)

26 June 2012 Thank you Mr. Mitesh.

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