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2016 (11) TMI 126 - Tri - Companies LawOffenses by directors - officers in default - compound of offence - Held that:- It is not in dispute that the violation in question was made good by appointing a woman director however with a delay. The company was registered on 25.08.2004. The appointment of woman director was introduced in the Companies Act 2013 and, relevant provision came into affect from 01.4.2014. So the delay of 180 days in complying with the said provision is justified on the part of the company. We also accept the delay in appointing the woman director did not cause any prejudice to any creditors of the company or public at large. Moreover, it could not benefit the company in anyway. It is also not in dispute that the company has also informed the Registrar of Companies by filing Form GNL-2 though the Form required is GNL1. Since the offence in question is one committed by the company and all its 4 directors and, we are permitting composition of the offence, we thought fit and proper, to permit compound of offence in respect of other two directors also i.e. Sri Sridhar Chandrasekaran Nivarthi and Sri Sabbineni Surendra. We are of the considered view that the instant case is a fit case to allow. Hence, we have considered the delay of 180 days approximately with direction to all the applicants of the present application and, also other 2 directors, who are not impleaded to the present application, namely Sri Sridhar Chandrasekaran Nivarthi and Sri Sabbineni Surendra to pay ₹ 50,000/- each of them within a period of three weeks from the date of receipt copy of the present order. It is further directed that the company should file form GNL1 immediately. After the receipt of compounding fee, the Registrar of Companies is directed to bring about the compounding of offence to the notice of the learned Special Judge for Economic offences-cum-VIII AMSJ Court, Hyderabad for passing appropriate orders.
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