2019 (7) TMI 1145

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....utory requirement, the company was required to disclose its Director's Report, the details of the CSR Policy developed and implemented during the year. A CSR Committee was also required to be constituted for the said purpose. The appellant Company and its Directors defaulted in adhering to this statutory requirement for the Financial Year 2014-15, 2015-16 and 2016-17. Finally, the Board of Directors of the Company in its meeting held on 16th April, 2018 cured the defects and thereby all the defects stood cured with effect from the year ending 31st March, 2018. 2. After filing of the application under Section 441 of the Companies Act, the report was called for from the Registrar of Companies, NCT Delhi and Haryana. The penal provision for o....

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.... of the said provision, the Registrar of Companies recommended imposition of compounding fees as follows: 1. M/s. Peregrine Guarding P. Ltd. Section Financial year Days Amount in (Rs.) 134(3)(o) read with 135(2) of the Companies Act, 2013 2014-15   25,00,000/- 2016-17 25,00,000/- 2016-17 25,00,000/- 135(5) of the Companies Act, 2013 2014-15 1-4-2015 to 31-3-2018 (1,095 days) 11,04,000 2015-16 1-4-2015 to 31-3-2018 (730 days) 7,39,000 2016-17 1-4-2017 to 31-3-2018 (365 days) 3,74,000 2. Mr. Rajan Oberoi Section Financial year Days Amount in (Rs.) 134(3)(o) read with 135(2) of the Companies Act, 2013 2014-15   5,00,000 2015-16 5,00,000 2016-17 5,00,000 135(5) of the Companies Act, 2013 2014-15....

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....r section 134(3)(o) Amount under section 135(5) Total M/s. Peregrine Guarding P. Ltd. 6 lakhs 10 lakhs 16 lakhs Rajan Oberoi 2 lakhs 5 lakhs 7 lakhs Shashi Vir Singh 2 lakhs 5 lakhs 7 lakhs Bodh Raj Sharma 2 lakhs 5 lakhs 7 lakhs Kartar Singh 2 lakhs 5 lakhs 7 lakhs 6. Learned counsel appearing on behalf of the appellant referred to Item No. 4 of the Chart supplied by the Registrar of Companies which had not recommended any amount for the offence under Section 134(3) but in spite of the same, the Tribunal imposed fine of Rs. Two Lakhs. With regard to Mr. Kartar Singh, it was submitted that he had left the post on 5th December, 2015. In Item No. 5, the Registrar of Companies had not calculated the delay and recommended....