Vijay Pratap Singh, Member - (1.) This Company Petition has been filed by the petitioner under sections 614 of the Companies Act, 1956.
(2.) Brief facts of the case are that R1 which is SRC Metalicks Private Limited, was incorporated under the name of VSS Electro cast Private Limited, on 20th July, 2004, under the provisions of Companies Act, 1956. The name of the Company was changed to SRC Metalicks Private Limited from 26th June, 2009, pursuant to a Board Resolution in terms of Section 21 of Companies Act, 1956. Consequently, the Central Government approved the same and issued a fresh certificate of incorporation was issued. The Company deals with the business of iron and steel and setting up of induction furnace, smelting, melting of ferrous and non-ferrous metals and so on. The Company has an authorized capital of Rs. 7,70,00,000 and its issued, subscribed and paid-up capital is Rs. 4,47,80,000. R2 is a businessman who deals in iron and steel industries and is involved in trading of iron and steel, manufacturing of various steel products, mining of iron ore and steel plants. The Petitioner was appointed as the director of the Company (R1) on 26th July, 2004 and eventually resigned from the position of director of the Company on 5th November, 2011, which was not recorded by the Respondents by filing the requisite documents with the Registrar of Company. The Petitioner has filed the present petition under Section 614 of Companies Act, 1956 in order to have his resignation brought on record by the Respondents in respect of the said Company.
(3.) The directors as had been shown on MCA Portal on 15th June, 2015 were Petitioner, R2 and R3. The audited balance sheet as on 31st March, 2012 had also been filed with the Registrar of Companies, West Bengal. R2 and R3 are presently the directors of the Company.;