Section 283(1)(g)

This query is : Resolved

Abhilasha Pandey (Querist)
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26 June 2012 Hi all,

Please suggest :

2 Directors (NRI) have ceased from directorship u/s 283(1)(G) in a Pvt. ltd co.

Company always sent all notices and copy of minutes to both the Directors and no leave of absence was granted to them for last 3 consecutive meetings.

Now, Directors wants continue their Directorship in Company. Is there any way to restore their directorship??

Thanks in advance ...
Abhilasha

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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26 June 2012 Yes you can reappoint them as a director by taking resignation from them and then re-appointing them as a additional director.

Take the resignation prior to the date of happening of event under section 283(1)(g)

Abhilasha Pandey

Abhilasha Pandey (Querist)
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26 June 2012 Form 32 has been uploaded with ROC u/s 283(1)(g). Are they eligible for re-appointment ?

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CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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26 June 2012 The Bombay High Court has held that section 283 merely provides for occurring of a vacancy in the office of a director on the specified event taking place and does not prescribe any bar in respect of fresh apppointment.

(Jayesh Ramniklal Doshi v Carbon Corporation Ltd (1993) 76 Comp Cas 748 (Bom):(1993) 12 CLA 38(Bom).

However note that before re-appointment, ensure that he is not disqualified u/s 284 of the Act.

Abhilasha Pandey

Abhilasha Pandey (Querist)
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26 June 2012 Thank you Mr. Mitesh.