Rajiv Sharma Vs. Registrar of Companies, Mumbai and Ors. – Bombay High Court
Hon’ble High Court held that on a plain reading of the Section 168 of the Companies Act, 2013, it is clear that sub-section (1) provides for the procedure which would be required to be adopted, when the director of the company resigns. What is significant is that sub-section (2) thereof provides that the resignation of a director shall take effect from the date on which the resignation notice is issued by the company or “the date, if any”, specified by the director, in the notice whichever is later, however, with a proviso that the director who has resigned shall be liable even after his resignation for the offences which may have occurred during his tenure, which is not attracted in the present case.
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