Calcutta HC mandates ROC to decide DIR-12 complaints after hearing parties. Order underscores due process in directorship changes.
ROC Must Decide DIR-12 Complaints After Hearing: Calcutta HC
The Calcutta High Court directed the Registrar of Companies (ROC) to decide a complaint against an alleged illegal DIR-12 filing within four weeks, after affording a hearing to all concerned parties.
The petitioner had challenged the unilateral acceptance of a DIR-12 form resulting in unauthorized changes to directorship. The court held that the ROC cannot act mechanically on such forms when disputed, and must follow principles of natural justice before making conclusive entries. The order restores equitable protection to directors facing potentially fabricated resignations or removals.
This decision reinforces procedural fairness in ROC adjudications. Statutory officers must not treat form submissions as final when factual disputes exist. Practitioners should ensure clients promptly approach courts if DIR-12 filings are contested and unaddressed by the ROC.
