Vimal Kumar Godha & Ors Vs Registrar of Companies (Calcutta High Court)
The Calcutta High Court dealt with a writ petition challenging the registration of Form DIR-12 (SRN AB8156555) dated 11 October 2025, which reflected the removal of seven directors, including petitioner nos. 1 and 2, from the board of petitioner no. 3 company with effect from 10 October 2025. Petitioner nos. 1 and 2 were long-standing directors of the company, having served since 24 May 2010, and claimed continued control over its affairs. Petitioner no. 1 received a system-generated email intimating the registration of the impugned Form DIR-12 and immediately denied having authorised any such filing. A request was made to the Registrar of Companies for a copy of the form, asserting that no resignation had been tendered.
The petitioners contended that as on 10 October 2025, the company had nine duly appointed directors. They alleged that respondent nos. 3 and 4, without any authority or board resolution, digitally filed Form DIR-12 to intimate cessation of seven directors. It was argued that the Registrar’s act of registering the form was done without notice, without any judicial or administrative proceeding, and in violation of the principles of natural justice, rendering the action arbitrary and unlawful.
