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2023 (5) TMI 202 - HC - Companies LawProsecution proceedings against the Director - Non-submission of financial statement within the stipulated time with registrar of companies - not having registered office capable of receiving and acknowledging the communication - AGM has not been held and its proceedings has not been forwarded to Registrar - non-submission of 3 copies of Balance Sheet and Profit and Loss A/c with the Registrar - non-submission of annual return and holding of annual general meeting in the relevant year. HELD THAT:- This is a case where admittedly petitioners worked as Directors of the Company between the period 30th September, 1992 till 19.04.1995 and 05.05.1998 and then resigned. In 2015, under the mistaken belief, complaint was filed against present petitioners also for alleged non-compliance of Section 12 of Act, 2013 for which penalty is provided under Section 12 (8) of the Act, 2013 - Admittedly, alleged non-compliance is for the period 2014 where some defaults on the part of the Company are made. Admittedly, petitioners resigned w.e.f. 19.04.1995 and 05.05.1998. Much thereafter, alleged defaults have been committed. Considering the submission and going through the documents appended thereto as well as the reply filed by the respondent, it appears that petitioners made out their case for interference. Once, they resigned in the years 1995 and 1998, then they cannot be fastened with any liability for a period of 2014. Petition allowed.
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