Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2009 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (4) TMI 443 - HC - Companies LawNon filing of Annual return - Penalty - petitioner being convicted and sentenced for commission of offences punishable under section 162 read with section 220(3) of the Companies Act - Held that:- The petitioner in the instant case had tendered his resignation on 27-7-1971, i.e., 11 to 15 years prior to the alleged violations which pertained to the years 1982, 1983, 1984, 1985 and 1986. The receipt of the said resignation is specifically admitted by the respondent and no material has been placed on record by the respondent to show that the same was not accepted or was objected to either by the accused Company or by the Registrar of Companies. The complaints are dated 16-7-1993, which goes to show that the same were initiated more than 22 years after the Registrar of Companies had admittedly been communicated the letter of resignation of the petitioner and had accepted the same in terms of its own Circular. The petitions are allowed by setting aside the order of conviction and sentence dated 17-8-2002
|