2017 (1) TMI 828

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nsferred to this Tribunal on abolition of Company Law Board. Southern Region, Chennai Bench and numbered as T.P No. 149/2016. The averments made in the company application are briefed hereunder:- The Company was incorporated under the Companies Act, 1956 on 18th November 1993 as a Private Limited Company in the name and style of "SYNGENE INTERNATIONAL LIMITED" vide Registration No. 14937. The Company became a Public Limited Company on 19th April 2007. The Registered office of the company is situated at # Biocon SEZ, Biocon Park, Plot Nos. 2 & 3, Industrial Area, IV Phase, Jigani Link Road, Bommasandra, Bangalore-560099. The Authorized share capital of the Company is Rs. 250,00,00,000/- (Rs. Two hundred and Fifty Crores) consisting ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ompany requested the Registrar of Companies through letter dated 3rd June 2015. to mark the said Form 2 (Return of Allotment) which has been filed vide SRN. S08438145 to be defective, so as to enable the Company to file a revised Form 2 (Return of Allotment) with corrected list of Allottees. The Registrar of Companies, Karnataka at Bengaluru accordingly marked the Form 2 as defective. The Company filed a fresh Return of Allotment in Form PAS-3 for the Bonus Share Issue with correct list of allottees on 13th June 2015 vide SRN S38194767. Thus there was delay of 1168 days in filing Return of Allotment leading to violation of provisions of Clause (a) of sub-section (1) Section 75 of the Companies Act, 1956. Hence the Applicant who is the Ma....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ch the default continues. Provided that in case of contravention of the proviso to clause (a) of sub-section 1, every such officer, and every promoter of the company who is guilty of the contravention shall be punishable with fine which may extend to fifty thousand rupees." The Practicing Company Secretary has stated that the offence committed was purely inadvertent and the default was not wilful or deliberate or with any mala fide intentions and hence lenient view may be taken in this case. This suo-moto application is filed by the Managing Director of the Company. We have perused the documents filed by the Petitioner. We have seen the certified extract copy of the Board Resolution dated 31st March 2015 wherein the Board has....