Legal Dilemma: Can You Challenge a 2013 Director Appointment Under Section 241 in 2020?

Simple Question

If a director was appointed as an MD in 2013 without following due process of law, or if money siphoning occurred in 2014, or if any sign forgery took place in 2014, can an application under section 241 of the Companies Act be filed in 2020?

Clarification on Director Appointment and Alleged Fraud

Your query is not clear. What I understood is that a person is already on the board of directors with a DIN, and his appointment as a director is registered with ROC. Now, he was appointed as Managing Director in 2013, but so far, no procedure has been completed to officially appoint him as the Managing Director of the Company. You are alleging that he may have committed some fraud.

Can a Complaint Be Filed Under Section 241 of the Companies Act?

This forum is for HR professionals, not CS. This matter falls under Companies Law, not HR Law. Only a Company Secretary can provide you with a response. However, I can inform you that the section you referenced does not relate to filing a complaint but rather to an Inspector's report.

You can write a letter to ROC to bring attention to the irregularities and alleged fraud. The ROC will conduct an investigation into the matter.