2018 (4) TMI 1815

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.... Advocate ORDER Shri M. B. Gosavi, Member This proposal for compounding of an offence punishable under section 165(1) read with section 165(3) of the Companies Act, 2013 is forwarded by the Deputy Registrar of Companies, West Bengal under section 441 (4) of the Companies Act, 2013.   The allegations, in short, against the offender/director are that he was the Director of more than....

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.... he accepted and admitted the guilt and sent representation to the Registrar with a request to compound an offence as provided under section 441(1) of the Companies Act. The said proposal is forwarded to this Tribunal for consideration. We perused the records. We heard the Ld. Advocate Mr. Bijay Agarwal, appearing for the offender/director at length. The offender/director admitted his guilt ....

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....pointment as a Director in contravention of sub- section (1), he shall be punishable with a fine which shall not be less than Rs. 5,000/- but which may extend to Rs. 25,OOO/- for every day after the first during which the contravention continues. In this case, we found that offender/director was holding the post as a Director in more than 20 companies at once till 31 03 2015. He tendered his re....

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.... the bare perusal of the facts that on 31.03.2015, the offender director vacated office of the directorship of the company I.e. Fabius Private Ltd. However, his resignation was forwarded to Registrar of Companies on 10.02.2016. It appears to us that the delay was caused in onward transmission of the resignation to ROC, We hold that this is a proper and adequate ground for us to consider prayer of ....