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2018 (4) TMI 1815 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATACompounding of Offence - allegation against the offender/director are that he was the Director of more than twenty private limited companies till 31st March, 2015 - section 165(1) read with section 165(3) of the Companies Act, 2013 - HELD THAT:- The offender/director was holding the post as a Director in more than 20 companies at once till 31 03 2015. He tendered his resignation as a Director by one of such companies on 19.122015. However, its intimation was sent to the Registrar in Form DIR-12 on 10 02 2016 Thus, there was a delay of 272 days in tendering resignation, meaning thereby the offender/director was the Director in more than 20 private limited companies for a period of 272 days - As per section 165(6) of the Act, punishment for violation of provisions of section 165(1) read with section 165(3) of the Companies Act is "fine which shall not be less than ₹ 5,000/- but which may extend to ₹ 25,000/- for every day after the first during which the contravention continues. It is seen from 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, this is a proper and adequate ground for us to consider prayer of leniency in directing to pay compounding fees. Petition disposed off.
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