1984 (11) TMI 260

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....and S.K. Rakshit for the Petitioner. B.R. Ghosal, S. James and Kamal Bhattacharyya for the Respondent. JUDGMENT Manoj Kumar Mukherjee, J.-An Assistant Registrar of Companies, West Bengal, instituted a prosecution against Subal Dutta and Sons (P.) Ltd. (hereinafter referred to as "the company") and its six directors for an offence under section 220(3) of the Companies Act, 1956 ("Act" for ....

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....ed meeting held on January 7, 1984, the balance-sheet and profit and loss account of the company were laid and adopted. Thereafter, the balance-sheet and profit and loss account were sent to the Registrar of Companies on January 13, 1984. Mr. Dutt contended that the annual general meeting for the year ending April 14, 1983, was held within the calendar year of 1983 and since the adjourned annua....

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....d have been held in accordance with the provisions of the Act ; and since in the instant case the annual general meeting was held on October 12, 1983, the balance-sheet and profit and loss account were required to be filed in the office of the Registrar of Companies on or before November 11, 1983. According to Mr. Ghosal, as it was not filed within the stipulated time, the petitioners were liable ....

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.... resolution and the account and balance-sheet could be laid at the adjourned annual general meeting. Another Division Bench of this court held in the case of Bejoy Kumar Karnani v. Assistant Registrar of Companies [1984] 2 CHN 314 ; [1985] 58 Comp. Cas. 293 , that notwithstanding such adjournments by appropriate resolutions, the annual general meeting must be completed within the statutory period ....