Dear All

Director who had resigned was a director retiring by rotation and in last AGM he was reappointed. As he had resigned on 30/06/2010, can we call it casual vacacy??? What particulars matter will be covered under Casual vacancy?? One of would be death or any casual reason like resignation due to illness. But here can we say that it is a casual vacacny?? if then i think Board can directly appoin another as a Director and that Director would hold office up to the date up to which the director in whose place he is appointed would have held office.  

I think vivek is right . Sec 262 will not apply. It will not consider as Casual Vacnacy.

Section 262 of the act  provides for filling of casual vacancies among directors if the office of any directors appointed by the company in general meeting is vacated before his term of office. 

Further, Section 283 of the act deals with the vacation of office by the directors and the circumstances under which the office is vacated.

Here Words are use is :

Any directors appointed by the company in general meeting

In this case Addition Director is not appointed in General Meeting and if we go through sec 283 ..there is no such circumstance mention it that section.

Others members views are solicited.

Regards,

Dear All,

thanks to all for ur kind inputs.

I think, as AGM will be held 29 days from today, we can dispatch addendum to the original notice  well within time and can regularize the Additional Director.

Thanks & Regards.