No leave can be granted to company to submit Form 32 with RoC to intimate vacation of office

CL : No leave can be granted to company to submit Form 32 with RoC to intimate vacation of office by director before action contemplated in requisite provision is actually taken
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[2014] 50 taxmann.com 211 (CLB - Kolkata)
COMPANY LAW BOARD, KOLKATA BENCH
Dr. Pramod Kanoi
v.
Sapoi Tea Co. Ltd.
A. BANDOPADHYAY, MEMBER
CA NO. 580/2012
CP NO. 920/2011
AUGUST  14, 2013
Section 167, read with section 241, of the Companies Act, 2013/ Section 283, read with section 397, of the Companies Act, 1956 - Directors - Vacation of office by - Respondent company filed application praying for leave to submit Form 32 with ROC to intimate vacation of office as director by petitioner in main petition under sections 397 and 398 - Whether no leave could be granted because it would tantamount to an advance ruling in respect of invoking relevant provision of Act before action contemplated in requisite provision is actually undertaken - Held, yes - Whether however, respondent company would have right to invoke provision of section 283(1)(g) after getting satisfied that inbuilt criteria, as laid down in said provision, have been duly fulfilled in accordance with law - Held, yes [Para 6]