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TMI Blog2019 (7) TMI 1667X X X X Extracts X X X X X X X X Extracts X X X X ..... officers-in-default shall pay the penalty from their own resources. The applicants shall comply with the order within three weeks from the date on which the order is uploaded on the website of the National Company Law Tribunal. The company is directed to file a copy of this order along with the required form with the Registrar of Companies, Hyderabad, within the time prescribed. Application disposed off. - C. A. Nos. 118, 114, 120 and 116/441/HDB/ 2019. - - - Dated:- 19-7-2019 - K. Anantha Padmanabha Swamy (Judicial Member) For the Applicants : Ajay Suman Shrivastava with Shilpi Jain , Practising Company Secretaries For the Registrar of Companies : Sujan Kumar Reddy , Central Government Standing Counsel, with Ms. Suma ORDER K. ANANTHA PADMANABHA SWAMY (JUDICIAL MEMBER). - 1. Under consideration is the company applications which have been filed by the applicants before the Registrar of Companies, Hyderabad for the State of Telangana, for compounding of the offence committed under section 166 read with section 621A of the Companies Act, 1956 (presently section 96 read with section 441 of the Companies Act, 2013) for the years 2012, 2013, 2014 and 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not added in the view signatory details tab of the company on the MCA website. The management of the applicant-company was taken up the matter with the MCA/RD/Registrar of Companies for adding the names of the new directors on the MCA portal for enabling them to file the necessary forms with the Registrar of Companies/other authorities. On January 27, 2017 the name of one director was added on the MCA portal by filing Form DIR-12 and thereafter Form DIR-12 was filed on February 8, 2017 for giving effect to other directors' appointment with effect from February 18, 2012 and the names of the other new directors got added to the MCA website. The management was unable to proceed with the compliances as the names of the new directors were not on the MCA website and further the directors were unable to get the bank statement for preparing accounts as they were not the signatories for the bank accounts, so they were not the authorised persons to ask the bank for providing the bank statement. The company was inoperative till the previous management handover the records and data, maintained till that date to the new management. Therefore, the books of account and other relevant da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mack Soft Tech P. Ltd. v. Quinn Logistics India Ltd. [2018] 3 Comp Cas-OL 9 (NCLAT)) dismissed the appeals filed against hon'ble National Company Law Tribunal order dated August 11, 2017 and held in favour of the company. Form GNL-1 was rejected by the Registrar of Companies on June 22, 2018 with a remark Appeal pending. Hence rejected . The applicants were not given an opportunity of hearing by the Registrar of Companies before rejection of GNL-1, the hon'ble National Company Law Appellate Tribunal's order dated May 21, 2018 dismissing the appeals could not be brought to the attention of the Registrar of Companies. Hence, the applicants filed the present applications for compounding the violation of the provisions of section 166 read with section 621A of the Companies Act, 1956 (presently section 96 read with section 441 of the Companies Act, 2013). The offence occurred/violated when the company and its officers have failed to convene the annual general meeting as detailed below : Nature of the offence Penal provision The company defaulted in h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The company 2. Mr. Robert Philip Dix, director 3. Mr. Paul McGowan, director 4. Mr. Bryan O Neill, director 166 From 1-10-2012 to 31-3-2014 (548 days) ₹ 50,000 + (2,500 548 days = 13,70,000) = ₹ 14,20,000 each 96 From 1-4-2014 to 9-7-2017 (1,196 days) ₹ 1,00,000 + (5,000 1,196 days = 59,80,000) = ₹ 60,80,000 each 114/441/HDB/2019 (for the year 2013) 1. The company 2. Mr. Robert Philip Dix, director 3. Mr. Paul McGowan, director 4. Mr. Bryan O Neill, director 166 From 1-10-2012 to 31-3-2014 (182 days) ₹ 50,000 + (2,500 182 days = 4,55,000) = ₹ 5,05,000 each 96 From 1-4-2014 to 9-7-2017 (1,196 days) ₹ 1,00,000 + (5,000 1,196 days = 59,80,000) = ₹ 60,80,000 each 120/441/HDB/2019 (for the year 2014) 1. The company 2. Mr. Robert Philip Dix, director 3. Mr. Paul McGowan, director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r taking lenient view on the ground that this is the first offence committed by the company. The Registrar of Companies report also confirms the same being the first offence. Therefore, the company applications are allowed, accordingly this Bench is inclined to impose the fine for compounding the alleged violation as under : Sl. No. Defaulter Violation section Period of violation Fine amount 118/441/HDB/2019 (for the year 2012) 1. The company 2. Mr. Robert Philip Dix, director 3. Mr. Paul McGowan, director 4. Mr. Bryan O Neill, director 166 From 1-10-2012 to 31-3-2014 (548 days) ₹ 1,87,000 each applicant 96 From 1-4-2014 to 9-7-2017 (1,196 days) ₹ 6,98,000 each applicant 114/441/HDB/2019 (for the year 2013) 1. The company 2. Mr. Robert Philip Dix, director 3. Mr. Paul McGowan, director 4. Mr. Bryan O Neill, director 166 From 1-10-2013 to 31-3-2014 (182 day ..... 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