2018 (9) TMI 1984

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rson AND Justice A. I. S. Cheema, Member (Judicial) For the Appellant : Shri Aditya Sahal, Company Prosecutor and Mr. Shiv Prakash Rawat, JTA, ROC Jaipur. For the Respondent : Mr. Suresh Sharma, PCS. ORDER The Respondent - 'Gyan Chand Agarwal' filed an application under Section 441 of Companies Act 2013 for compounding of offence punishable under Section 165(6) of the Companies Act, 20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n appointment as a director in contravention of 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." 3. It is submitted that though the Tribunal had noticed the aforesaid provision and the punishment attributed for the defaul....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ould not be less than Rs. 5000/- which can be extended to Rs. 25,000/- for every day after the first during which the contravention continues and default continued for a period of 849 days w.e.f. 01st April, 2015 to 18th July, 2017 but reduced the fine which is much less than the minimum fine prescribed under the aforesaid provision. 7. Learned Company Prosecutor appearing on behalf of ROC subm....