Dear all,
I am working in the Pvt. Co. , after the commencement of Companies Act 2013, first time one of the director resigned . Now, Articles of Asociation of the Company permits the BOD to fill up the casual vecancy . However , Section 161(4) specifically talks about the filling up of the Casual vecancy through BM by Public Co & Pvt. co. which subsidiary to Public co.
this provision is similar to section 262 Companies Act,1956. In book written by Sanjiv Agarwal Sir on Companies Act 1956, it has been mentioned that It does not bar Pvt. Co. to filling of casual vecancy by Board of Directors if Articles of the Company specifically permits for the same.
Please guide me, can I appoint the director in Casual Vecancy through BM or I need to Call up EGM for the same.
CAclubindia
