Form 32

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

28 August 2010 I was a director in a Private Ltd. Company. I resigned from that company during Jan 2005 and the Relevant form 32 was duly submitted with specific date of my dismissal from the company. However, later I discovered that the same form for the same cause is submitted again in Oct 2005 with the dates fall in same month. I want to know is there any trouble with this? Is there any breach of act involved with this matter?

Thanks in advance

CA Sanat Pyne

CA Sanat Pyne (Expert)
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28 August 2010 if the earlier form has already been aprooved then no question of filing 2nd form .It is better to check from roc website by paying minimum fees of rs 50 and download both the form then check which form has been approoved by roc.

Querist : Anonymous

Querist : Anonymous (Querist)

29 August 2010 Thank you Mr. Sanat Pyne.

Yes this is useful in one way. I have collected copy of both forms from ROC and I guess the both forms are approved. Because there is stamp and signature of authorized person. But my question was the dates of dismissal of my name from directorship is different in both of the forms.

By the way the company is facing a legal matter from a finance institute and if the company present the new form to court the liability may fall on me.

Please guide... Thank you

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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29 August 2010 You are requested to get a 'Search report'with particular emphasis to director's appointment and retirement. For this purpose you need to meet a practicing company secretary who will make available the said report to you, duly certified by him ,which can be produced before a court of law as an evidence.

CA Sanat Pyne

CA Sanat Pyne (Expert)
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29 August 2010 no problem. several caselaw is there .Your date of resignation will be treated as the date you have mentioned in your resignation letter date of board meeting. mere date of filing of form 32 is not important.

Querist : Anonymous

Querist : Anonymous (Querist)

29 August 2010 Thank you Mr. B. Chakrapani & Mr. Sanat.
I highly appreciate your replies. Thank you again. I further want to know, in this situation can I demand the answers from the existing operators of company? And in case of their negligence towards this, is there any act involve to pursue them to clarify the matter? Or can this be challenged in front of any authority related to this matter?

Querist : Anonymous

Querist : Anonymous (Querist)

30 August 2010 Thank you Mr. B. Chakrapani & Mr. Sanat.
I highly appreciate your replies. Thank you again. I further want to know, in this situation can I demand the answers from the existing operators of company? And in case of their negligence towards this, is there any act involve to pursue them to clarify the matter? Or can this be challenged in front of any authority related to this matter?