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    Former Director refused to handover the documents belongs to the company

    Posted By : Abhilash / Published on : 19-Apr-2018 11:46 PM / View : 799 / Comment : 3

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    what are remedies available to the company and the existing director if the past/former director refused to handover some documents which belongs to the company. Is there any section allotted for cases like this? Note:- we have removed the director now he is refusing to handover the documents.
    Read more on : belongs company documents handover director refused former

    • Dear Abhilash,

      As per my view, If the case is related to the OPPRESSION & MISMANAGEMENT 

      Any member, who has right to apply under Section 244, may apply to the Tribunal under this Section 241.

      An application may be filed for a complaint that:

      (a)  The affairs of the company have been or are being conducted

      1.  in a manner prejudicial to the public interest, or
      2. In an manner prejudicial or oppressive to him or any other member or members, or
      3. In a manner prejudicial to the interests of the company; or

      (b) The material change has taken place in the management or control of the company, whether by;

      1. An alteration in the Board of Directors, or
      2. Manager, or
      3. In the ownership of the company’s share, or
      4. If it has no share capital, in its membership, or
      5. In any other manner whatsoever, and

      that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to its interests or its members or any class of members. These changes should not be a change brought about by, or in the interests of, any creditors, including debenture holders or any class of shareholders of the company.


      Therefore kindly see, how you can go for.

      19-04-2018 / 06:25:16 AM
      • Dear Shriti kumari,


        There was no OPPRESSION & MISMANAGEMENT as the Director was removed in EGM (which was called under a special notice by the member)


        the member can apply under this section if there is a OPPRESSION & MISMANAGEMENT but here in this case the former director is not handing over the documents. 

        19-04-2018 / 07:15:00 AM
    • Then you can go for FIR against him as its now litigation proceedings if Companies facing some trouble due to this happening and some confidential documents are there. 

      You should take legal action against the parties

      19-04-2018 / 07:31:02 AM
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