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2018 (1) TMI 875 - DELHI HIGH COURTComposition of certain offences - Held that:- There are no reasons as to why the matter should not have been compounded. Merely because the court did not compound the matter cannot be a ground for the CLB to not compound the offence. As in the case filed by Shri Shubhinder Singh Prem [2018 (1) TMI 830 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] that ROC appears to have taken a stand that it has no objection to compounding of the offences where one of the co-accused is Shubinder Singh Prem. I see no reason as to why other appellants herein should also not be granted the same benefit as that of Shubinder Singh Prem. At best, the appellant herein are similarly situated as of Shubinder Singh Prem, if not better of. Even otherwise, the appellant has been able to place on record sufficient facts to prima facie justify as to why the delay took place in conveying the AGM and subsequent filing of the necessary documents before the ROC. In my opinion, it is a fit case where company law board ought to have allowed the petition under section 621A for compounding. Appeal is allowed. The alleged offences committed under section 159 of the Companies Act, 1956 are compounded. ROC will communicate the compounding fees to the appellant.
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