Answer the following: (c) Ratan, a director of Amaranth Seeds Limited did not pay the last call amount of ₹5 lakhs for the past seven months. The Call Notice never reached him due to loss in postal transit and hence it i

CS Executive · Company Law · PYQS · December 2023
Answer the following: (c) Ratan, a director of Amaranth Seeds Limited did not pay the last call amount of ₹5 lakhs for the past seven months. The Call Notice never reached him due to loss in postal transit and hence it is his contention that he is not disqualified to be a director of the company. Decide the validity of his contention.

Answer & Explanation:

Ratan cannot take refuge in the fact that he has not received the final call Notice from the company due to loss in postal transit. A director of a company has collective responsibility for all the decisions of the Board of Directors. Call Notice is sent with the approval of the Board. All the decisions of BOD are circulated to all the Directors whether they attended the meeting of BOD or not. Hence, Ratan cannot take refuge under the non-receipt of call Notice. He stands disqualified from holding directorship in Amaranth Seeds Limited under section 164(1)(f) of the Act as he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call.

Topics: Appointment and Qualification of Directors

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