Company toy, oa inted for Second term under subg, director re-appol ction An independent dire emoved by the company only by passing gy” (psec 19 hl esate OPPO of ng hes! resolution “i 1691) are not applicable wher the company. availed ‘option given to it under section 163 10 appoint ney teeta he opNor Ber of directors according tothe men than ewo-hind representation. other provisions: see a {A special notice shall be required of any FeSolution 1 so on (le. Seetion 169) to remove a director, oF 9 apn” js zee ae in place ofa diector so removed, at he meeting st wich removed. [Section 169(2)] InLICy. Escorts Ltd, (1986) | SOC 264, the Supreme Cour held a it is not necessary for the requisitionists to state the reasons on Which they wish to proceed against the director. 2. Copy of special notice to the director concerned. On re resolution to remove a director under this Section the company sh; ‘send a copy thereof to the director concerned. The director conce: to be heard on the resolution at the meeting. [Section 169(3)] Where the director concerned makes representation in wi ‘company, the company shall, if the time permits it to do so send a Copy of the ‘Tepresentation to every member of the company to whom notice of the meeting t Ifa copy of the representation is not sent as aforesaid, the diners ut at the meeting, the representation fied that the rights needless publicity ceipt of g all forthwith "med is entitled iting to the /may require that the representation shall be read , a copy of the representation need not be sent and bbe read out at the meeting if the Tribunal is satis: this sub-section are being abused to secure matter, [Section 169(4)] ‘of vacancy. A vacancy created by the removal of a direst on may be filled by the appointment of another director in is ig at which he is removed, provided special notice of the it has been given. [Section 169(5)] lor So appointed shall hold office till the date upto which his wld have held office if he had not been removed. (Sect not filled as aforesaid, it may be filled as a casual. we Provisions of this Act. However, a director W ; shall not be re-appointed as director by the