Paras, a director of Spike (Pvt.) Ltd. resigns from the office of director. He has forwarded a copy of resignation to the company and the Registrar of Companies (ROC) in time. The company, however, has not filed relevant

Status of Paras After Resignation To decide the status of Paras, we need to examine the provisions of the Companies Act, 2013, regarding the resignation of a director. Relevant Legal Provisions: Section 168 of the Companies Act, 2013, read with Rule 15 and 16 of the Companies (Appointment and Qualification of Directors) Rules, 2014, governs the resignation of a director: Resignation by Director: A director may resign from his office by giving a notice in writing to the company. Effective Date of Resignation: The resignation becomes effective from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later. Company's Obligation: The Board, upon receipt of such notice, must intimate the Registrar of Companies (RoC) in Form DIR-12 within 30 days of receiving the notice. The company must also place the fact of such resignation in the Directors' Report of the subsequent general meeting. The company is also required to post the information on its website, if any. Director's Obligation: The director who has resigned must also forward a copy of his resignation along with detailed reasons for the resignation to the Registrar in Form DIR-11 within 30 days from the date of resignation. Impact of Company's Failure: If the company fails to intimate the Registrar, but the director has already informed the Registrar of his resignation within the stipulated time (by filing Form DIR-11), the document would get registered in the records of the Registrar. The director's resignation is still valid and effective. Application to the Case: In the given scenario: Paras, a director of Spike (Pvt.) Ltd., has resigned. He has forwarded a copy of his resignation to the company. Crucially, he has also forwarded a copy of his resignation to the Registrar of Companies (presumably by filing Form DIR-11) in time. The company, however, has not filed the relevant form (DIR-12) with the RoC. Since Paras has fulfilled his obligation by informing both the company and the RoC (by filing DIR-11), his resignation is effective and valid, irrespective of the company's failure to file Form DIR-12. Conclusion: The resignation of Mr. Paras shall remain valid and effective from the date the company received his notice or the date specified therein (whichever is later). His resignation will be recorded by the Registrar based on his own filing of Form DIR-11, even if the company defaults in filing Form DIR-12.