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Director complain

CS Jaisal Mohatta (Company Secretary) (136 Points)

21 June 2013

A PVT LTD COMPANY DIRECTOR WANT TO COMPLAIN AGAINST OTHER DIRECTOR ABOUT SOME FRAUD. HOW CAN HE DE SO? OR WHICH FORM HE CAN FILE?

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5 Replies

Charu Srivastava (Company Secretary) (4210 Points)
Replied 22 June 2013

For lodging a complaint u have to take resort to the court for adjudication under whose jurdiction this fall.

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CS Jaisal Mohatta (Company Secretary) (136 Points)
Replied 22 June 2013

any form is available for such complain or any online complain??

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 23 June 2013

You can file a petition with CLB u/s 397-398 of Companies Act in Form No.1 in Annexure-II to the Company Law Regulations 1991.

CS Jaisal Mohatta (Company Secretary) (136 Points)
Replied 24 June 2013

what is the procedure for such petition? Kindly u will elaborate for such petition?

Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (3303 Points)
Replied 24 June 2013

Originally posted by : CS Jaisal Mohatta
	what is the procedure for such petition? Kindly u will elaborate for such petition?

petitioners approaching the Company Law Board under section 397/398 of Companies Act, 1956 are supposed to provide full particulars in their petition. The High Court of Calcutta in Clive Mills Co. Ltd, (1964) 34 Com Cases 731, has held that “in an application under sections 397 and 398 where fraud, mismanagement, misappropriation or other improper conduct is alleged, full particulars must be set out in order to enable the party charged to understand what he is charged with and also to enable him to answer such charges”.

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