clarification on sec 260

CA Sumat Singhal (Credit Analyst/ Financial Services/ Accounts & Finance)   (3677 Points)

17 January 2010  

 

Hello friends I have query regarding following question:
A company has appointed Mr X in the board meeting as a Additional Director and designated him as a MD. The company filed necessary e-forms i.e. form 23 and form 32 with MCA . thereafter Mr X was confirmed as a Directors in terms of Provisions of section 260 at the immediately following AGM. Now the company wants to submit e-form 32 for confirmation of Director thereby mentioning the change in his designation form “Additional Director” to director in e form 32. the MCA system rejects such forms stating that person is already a MD of the company. In such a situation, what remedy is available to the company?
Thanks in advance.