Hi,
I started a Pvt. Ltd. Company in the year 2006 with other two persons. In 2007 one of the director resigned and we admited another director in his place.
In the year 2008, I resigned and tendered my resignation to the other two directors but they did not process my resignation. When I enquired for the resignation, they made a excuse that it was lost so I can give fresh resignation and we'll process it. I gave the fresh resignation in the year 2009 again. Later in 3 - 4 months, in Mid July I came to knew that even they both were having some problems and were not ready to carry on the business. My resignation was not processed by them.
They both took the company assets whatever they could take and one direct named Anand has gulped the company money of Rs. 500,000 (approx.) Then two of the directors, me and Deepak decided to run after him at least for resignation, but since he was a very shrewd, we could not get the resignation done and ultimately got busy in our jobs. He is still running the same business but he opened another proprietorship firm and handling all the transaction under that firm.
One day we consulted on CA and he advised us that we can send a letter to ROC cc to Anand stating that we are inclined to resign from the company so either he can appoint a new director and process our resignation or to wind up the company, in order to set two of us free from the liability.
Today, I saw company status in the MCA website it shows that no balance sheet was submitted for past 3years.
I want to know the what is the way out.
Deepak and I want to get rid of this matter.
Thanks
Praveen Singh
CAclubindia
