G YOSODHA Vs. JAI HANUMAN BENEFIT SOCIETY LTD

JUDGEMENT

(1.) THE company petition is fried under Section 614 of the Companies Act, 1956 ("the Act") seeking directions from this Bench to direct the respondent-company to file Form No. 32 with the Registrar of Companies, Tamil Nadu, Chennai, regarding resignation of the petitioner as director with effect from November 20, 2004. Further, sought direction, directing the respondent-company to make good the default within such time as may be specified by this Bench.

(2.) Shri R. Venkatavaradan, learned Counsel for the petitioner submitted that the petitioner was a director of the respondent-company, had submitted her resignation by letter dated November 20, 2004, owing to her personal reasons. In the said resignation letter she requested the respondent-company to file Form No. 32 with the Registrar of Companies, Tamil Nadu, Chennai, regarding her resignation as director in the company. To the reasons best known to them no such form appears to have been filed by the respondent-company. However, the petitioner has not taken part in the affairs of the company from the date of her resignation. Despite the petitioner's resignation submitted and sent to the company, she was shown as a director in the statutory records of the company. On receipt of her letter of resignation by the company she ceased to be a director of the company and the question of acceptance of her resignation does not arise. Having not filed Form No. 32, she was constrained to issue a legal notice dated September 17, 2007, to the company stating the failure to file Form No. 32. However, the company has not given any reply to the said notice.

(3.) SHRI R. Venkatavaradan, learned Counsel while denying all the contentions/allegations levelled in the counter submitted specifically pointing out paragraph 7 of the rejoinder that the petitioner had sent the resignation letter to the respondent-company and the Registrar of Companies, Tamil Nadu, Chennai, by registered post with acknowledgment due and submitted that a photocopy of the acknowledgment card received from the respondent-company is enclosed as annexure A to the rejoinder, which clearly shows that the petitioner sent her resignation letter to the respondent-company and it was received by the respondent-company on November 23, 2004. He further submitted that in view of the proof, that the petitioner had sent her resignation letter to the company, now the respondent-company is bound to file Form No. 32 with the Registrar of Companies, Tamil Nadu, Chennai with effect from November 20, 2004, the date on which the petitioner is ceased to be a director of the respondent-company.