Resignation from the Directorship
I have been the Active Director of a Private Limited Company since its inception but now since many years I have dedicated my life to the upliftment of Orphans & Special Children & have distanced from all commercial activities. For long I am desirous of resigning & get out of the Company also completely and leave the affairs to the other Directors.
During my tenure as the Director of the Company, the Company had instituted a large number of cases mostly under Section 138 and a few under Civil Laws also. Even though I want to distance from all commercial activities and the Company, yet I wish to represent the Company in the Courts till the disposal of all past cases for the simple reason that I am well versed with the cases and no other person would be able to represent the company in Courts the way I can do. My Lawyer says that if I resign as the Director, I will lose the authority to represent the Company and that only a person, who is either an employee or the director of the Company, can do so.
I do not feel convinced with this logic as I feel that there must be some way or mechanism under law by which a Non Director or an outsider too can represent the Company’s interest in the courts because in my opinion a Company is the best Judge to decide who can represent it best in its interest!
I request the learned professionals here to give me some concrete guidance along with the relevant law, rulings and / or cases.
ashokkumar@calibreplacements.com
