Ragul, a director in XYZ Ltd., did not attend the Board meetings held for a period of 12 months after seeking leave of absence. Though as per Section 167(1)(b) of the Companies Act, 2013 his office of directorship was va

As per Section 167(1)(b) of the Companies Act, 2013 (Act), the office of a director shall become vacant in case, he absents himself from all the meetings of the Board of Directors held during a period of twelve months with or without seeking leave of absence of the Board. Hence, the office of directorship of Ragul is automatically vacated on happening of the event of his absence from the Board meetings held for a period of 12 months. Getting leave of absence has no significance or relevance as per the provision in the Act in this regard. There is no provision in the Act to empower the Board to waive the event of absence or to condone the absence or act in any manner which cause the vacation of office of director void.