498a wife disturbing business
Panecia garg
(Querist) 11 August 2013
This query is : Resolved
My wife did 498A on me. She is director in my company. She and myself were the only directors. She owns 0.05% shares in company. Rest all shares I own. I used her resignation letter to get her resigned from business. She filed forgery case on me. Police is about to give charge-sheet in a month for the forgery case and the 498A case both
Meanwhile she has taken out papers from CLB. She is intending to file some case in High Court.
My question is what she can do? Can she halt the entire business. She was never given any director's remuneration. She was not an executive director. What I should do?
Devajyoti Barman
(Expert) 11 August 2013
She can not halt entire business if you remain alert and can not let any order passed ex parte.
Before her you can go to high court and obtain injunction against disturbance from her end.
Panecia garg
(Querist) 11 August 2013
She is challenging her resignation from company. She alleges that the signatures were forged and she did not do any resignation and for that the criminal case is in progress.
Can she be restored back in the company? I have introduced another director before her resignation. Can this new director's appointment be void?
Supposing Company Law board restores her in company and voids the appointment of new director in that case can a 0.05% shareholder non executive director disturb the business? She does not have signing authority in banks. Can she write letters to bank as other director and stop operations of banks?
Sudhir Kumar, Advocate
(Expert) 11 August 2013
you said she has alleged forgery of signature on resignation. You have said that you used here resignation.
You never said if the forgery was done or not and whether she had at all resigned or not and if resigned why.
V R SHROFF
(Expert) 11 August 2013
Case will be decided on merit.
Report of Hand writing Expert will play vital role in deciding your future.
ajay sethi
(Expert) 11 August 2013
did you forge her signature ? she cannot stop operation of your business but she can make your life miserable
Devajyoti Barman
(Expert) 11 August 2013
Let the CLB pass any order You can always challenge such order if it goes against you.
Rajendra K Goyal
(Expert) 11 August 2013
Be vigilant. Challenge her steps if any in CLB and if decided against you to file appeal.
Panecia garg
(Querist) 11 August 2013
1. She gave resignation letter before filing 498A. Later on she said that it was not her signature on resignation letter and filed forgery case. Original of resignation letter is not available. It was husband, wife's company. She even filed 307 thereafter
2. Can she directly go to High Court before filing any complaint before CLB. How much time CLB takes to make any decisions. Will CLB entertain a shareholder having 100 shares or 0.05% stake? What orders can likely be passed by CLB?
Devajyoti Barman
(Expert) 11 August 2013
you are repeating the same query. You are already advised on this issue.
Sudhir Kumar, Advocate
(Expert) 11 August 2013
you have now intimated the fact that the resignation is not available.
with this fact the advise given by Mr Shoroff is not of your help. You have no material to submit for forensic examination.
The circumstances are against you. It appears logical that you forged resignation and as you were in control of company caused the forged paper to disappearance when authenticity is challenged.
