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GANAPAVARAM   14 March 2025

Company secrtaary of company, defended group of directors for oppression and mismanagement

I request respected members to kindly enlighten me on the following.

A suit was brought by a Director against rest of the board for oppression and mismanagement. The company secrtary who is also company secretary to the company defended the group against whom the suit was brough before NCLT. The Hon NCLT allowed the petition and opined that there is oppression and mismanagement, removed all the defending directors from board, and ordered the directors to pay back the money.

Now my question is, as per my knowledge, CS is an officer of the company, who is supposed to be neutral, defended the directors as counsel

Is the CS now be considered as interested officer and continuing him in company would be detrimental to the company.

Can he be asked to resign or be removed in board meeting?

Kindly advice

 

 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     14 March 2025

You can move an application against the company secretary for his biased acts towards the removed directors to replace the company secretary.


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