namrata (company secretary ) (422 Points)
21 September 2010Dear Freinds,
If a Public Ltd Co which has 3 directors say A,B,C . A in a resolution authorised B to execute sum documents or vice versa, but there was no consent or Noc of C was taken from C .
So my question is can C sue the first two directors for not asking his permission.
What is the situation if it was a Pvt Ltd Co.
Kindly do the needfull.
Regards
Namrata
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 21 September 2010
Hi,
You are talking about a resolution for which a proper BM is required. For a valid BM quorum is must read with section 287. If in the meeting Mr. A and B was present and none of them was interested in the aforesaid resolution then there is no need to worry.
Even if Mr. C was present and against the resolution there is nothing to worry about if you have complied with section 287.
Check the validity of BM.
Revert if there is any doubt.
Regards
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 21 September 2010
Aggred with Mr.Ankur Garg.....
CAclubindia
