Wrong certificate issued by a cs
p phipson
(Querist) 18 October 2013
This query is : Resolved
I am a 25pct shareholder of a Pvt Ltd Co and also the POA holder for the owner of another 25 pct of the shares.
In collusion with the holders of the other 50 pct of the shares this CS has certified that he cited the Special Resolution and has therefore affixed his signature to "voluntary winding up of the company".
I wish to take this CS to task as what he has done is to file a false & fabricated document.
Can you advise me how I should go about it.
Vidhi Joshi
(Expert) 18 October 2013
If a special resolution is already passed by your company then how can he be held responsible?...if you think he has done any wrong per se intentionally address this matter to Institute of Company Secretaries of India, New Delhi alongwith his Name and Membership number.
Devajyoti Barman
(Expert) 18 October 2013
You can file a case of cheating u/s 420 IPC. Another option is for injunction from NCLT.
Anirudh
(Expert) 18 October 2013
Apart from taking action against the CS for his alleged wrong doing, you have to immediately approach the competent court to stop the voluntary winding up (in case you are against such a winding up).
Simply because you are trying to take action against the CS will not stop the voluntary winding up, unless you approach the court.
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the expert Anirudh ji, court intervention is required for having a stay in voluntary winding up of the company.
