NCLT Ahmedabad directs RoC to re-examine disputed DIR-12 filing under Rule 11; refuses immediate removal of directors.
NCLT Orders RoC to Reconsider Disputed DIR-12 Filing
The National Company Law Tribunal (NCLT), Ahmedabad, directed the Registrar of Companies (RoC) to reassess a disputed DIR-12 form filed under Rule 11 of the Companies (Appointment and Removal of Directors) Rules, 2014, following statutory verification issues concerning the removal of directors.
The tribunal held that the RoC must conduct an independent inquiry into the authenticity and procedural compliance of the filing, rather than accepting it mechanically. It declined to order the immediate removal of directors, noting potential prejudice in cases of contested internal resolutions.
Implications for Practitioners
This ruling reinforces the role of the RoC as a gatekeeper in director removal filings. Practitioners must ensure strict compliance with notice requirements, board and shareholder approvals, and statutory affidavits when filing DIR-12, particularly in disputed scenarios.
