Legal Question in Business Law in India

Hi

I am Managing Director of a Pvt. Ltd. company formed in India. The other Director is an Indian but residing abroad. The company formed has not done any business for past around 2 years. I want to remove this person as director and as such want the resignation from him. I intend to include someone else as director and use this under a different new name for business.

The abroad based director is not furnishing his resignation in spite of my repeated requests. What option do i have to get this resignation or is there any provision that i can terminate his directorship and appoint a new director in his place. Please advice. Thanks. Sameer


Asked on 9/28/10, 3:29 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there is no law that would permit another director to terminate another. you may serve a legal notice upon the director asking him to look after the affairs of the company failing which you may apply to the registrar for further remedy.

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Answered on 9/28/10, 3:50 am
Vishwa Arya Arya & Co.

i do not agree with my friend. You may file a complaint before the company law board for opression and mis-management. However for changing the name of the company there is a seperate procedure which may be initiated after settlement of the dispute about director

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Answered on 9/28/10, 8:26 am


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