ubfreak123 (Software) 10 February 2022

Absconding directors

Hi,

I am a director of a company which had opted for voluntarily "Strike Off" from ROC providing fake and false information. Now two directors and Company Secretory/Auditor are absconding and deleting every trace of their online existence. They had recently also deleted their Gmail addresses.

Could you please guide me in the process to follow to request Google to provide me their address from where they deleted their account. Also I would appreciate if you can provide me any alternative thoughts on tracking then down.

Thanks

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4 Replies

G.L.N. Prasad (Retired employee.) 10 February 2022

File Police complaints and let them use their machinery to track down.

sonam ranjan 28 February 2022

Involvement of so many people, there are chances of misconduct, cheating, and a chance breaking of laws. So, there must be a body that states the rules that need to be followed and protect and punish the required ones. There are many good Corporate Lawyers in Bangalore. Corporate Lawyers can advise the company about the latest developments within the corporate governance body and help the company to stick and be truthful to its stakeholders.

Neeraj 05 March 2022

Dear Querist

Pursuant to section 252 of the Companies Act 2013, any member, workmen, creditor of the company on being aggrieved by order of registrar of companies to strike off & dissolve the company under section 248 can approach and file a petition with NCLT before the expiry of 20 years from such strike off.

Any irregularities and misconduct would be thoroughly investigated once such petition is accepted by the authorized bench of NCLT and appropriate orders will be passed.

This way you can use the legal machinery to report this misconduct and fraud of providing fake and false information and absconding thereafter. Alternatively, you can report this case with the concerned ROC [registrar of companies] and he might take the necessary actions.

In the case of Nilesh M Popat Enpee Enterprises Pvt. Ltd. V. ROC Mumbai [OCT 2020] such a petition for restoration was upheld after getting into facts and circumstances of the case.

Hope this would be helpful

Thank You!