2020 (1) TMI 110

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..... Sedge Real Estates P. Ltd. 09-03-2007 3. Aorta Promoters P. Ltd. 14-07-2010 4. Akela Constructions P. Ltd. 05-03-2008 5. Alpaca Constructions P. Ltd. 03-10-2006 6. Stanza Promoters P. Ltd. 08-03-2008 7. Pavlova Realters P. Ltd. 10-05-2008 8. Jade Realters P. Ltd. 14-07-2010 9. Twister Constructions P. Ltd. 27-04-2007 10. Monster Promoters P. Ltd.  06-10-2007 11. Trapeze Developers P Ltd. 27-04-2007 12. Waxen Realters P. Ltd. 25-03-2008 13. Rubella Realters P. Ltd. 25-03-2008 14. Enrich Power and Infra-Tech Development P. Ltd. 24-11-2008 15. Conflate Constructions P. Ltd. 12-08-2013 16. Moiety Estates P. Ltd. 12-08-2013 17. Elision Infratech P. Ltd. 29-07-2013 18. Duflex Infra Project P. Ltd. 27-08-2013 19. GRSD Constructions P. Ltd. 23-05-2013 20. Sarayoo Infratech P. Ltd. 05-06-2013 21. Mee Vasathi Homes P. Ltd. 12-06-2013 22. Saptama Estates P. Ltd. 02-09-2013 23. Vennela Power and Infra-Tech Development P. Ltd. 05-11-2008 24. Manerick Promoters P. Ltd. 27-04-2007 25. ....

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.... sub-section (1), he shall be punishable with fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees for every day after the first during which the contravention continues." (c) The applicant was director in more than 20 companies on the date of commencement of section 165 (i. e., on April 1, 2014) accordingly the applicant was required to resign at least in seven companies within a period of one year from the date of commencement of said section 165 of the Companies Act, 2013. (d) On March 31, 2015 being the last date for complying with the pro visions contained in section 165 of the Companies Act, 2013, the applicant herein resigned as director from the following eight companies : Sl. No. Name of the company Date of resignation 1. Aorta Promoters P. Ltd. 31-03-2015 2. Stanza Promoters P. Ltd. 31-03-2015 3. Elision Infratech P. Ltd. 31-03-2015 4. Duflex Infra Project P. Ltd. 31-03-2015 5. Sarayoo Infratech P. Ltd. 31-03-2015 6. Mee Vasathi Homes P. Ltd. 31-03-2015 7. Manerick Promoters P. Ltd. 31-03-2015 8. Yashoda International Radiat....

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....opy of MGT-7 filed by Yashoda Special Metals P. Ltd., for the financial year ended March 31, 2018 is enclosed to the application as annexure-6. (j) As per section 165(4) any resignation made in pursuance of clause (b) of sub-section (3) shall become effective immediately on the despatch thereof to the company concerned. In the present case the applicant has submitted his resignation to the company on August 1, 2018 hence he ceases to be director with effect from August 1, 2018 and non-filing of requisite Form DIR-12 by Yashoda Special Metals P. Ltd., cannot be attri buted to the applicant. (k) When the applicant came to know about the fact that Yashoda Special Metals P. Ltd., has failed to file Form DIR-12 intimating the resi gnation of the applicant, the applicant requested the said Yashoda Special Metals P. Ltd., to do the needful, accordingly Yashoda Special Metals P. Ltd., has filed Form DIR-12 intimating the resignation of the applicant on March 14, 2019 with effective from August 1, 2018. Copy of Form DIR-12 filed by Yashoda Special Metals P. Ltd., intimating the resignation of the applicant is enclosed to the application as annexure-7. (l) It is av....

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.... the Companies Act, 2013 seeking compounding of violation of provisions of section 165 of the Companies Act, 2013. The case of petitioner is that on August 1, 2018 the resigned as director from M/s. Yashoda Special Metals P. Ltd., and submitted his resignation to the company. With this resignation, he was director in 19 companies only. He was eligible to be appointed as director in one more company as provided under section 165 of the Companies Act, 2013. 5. According to the applicant, M/s. Yashoda Special Metals P. Ltd., failed to file Form DIR-12 with the Registrar of Companies, Hyderabad informing the resignation of the petitioner as director. The contention of learned counsel that the petitioner was under impression that M/s. Yashoda Special Metals P. Ltd., had intimated to Registrar of Companies, Hyderabad about his resignation and therefore he became director in M/s. Wanton Builders P. Ltd., on August 6, 2018. 6. Learned counsel contended that since M/s. Yashoda Special Metals P. Ltd., had not filed Form DIR-12, the petitioner was shown to be as director in 21 companies as per records of the Registrar of Companies, Hyderabad. 7. Learned counsel contended that M/s. Ya....