9911796707
TMI Blog1975 (8) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the respondents was that they failed to comply with the provisions of section 159 of the Act in not filing before the Registrar of Companies the annual return for the year ended September 30, 1969, and thereby became punishable under section 162(1) of the Act. Respondents Nos. 2 and 4 pleaded not guilty to the charge. Their contention was that no annual general meeting for the relevant period having been held for want of quorum, the annual return could not be filed with the Registrar of Companies. At the trial, the appellant examined a clerk, of the office of the Registrar of Companies, Orissa, who stated that the respondents failed to submit the annual return for the year ending on 30th September, 1969, and that they did not respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 32 of the old Act could not rely on his own default in not holding the annual meeting as an answer to the charge. It was further held that the meeting should be held in order that the requirements of section 32 may be carried out and that the liability under the section would be incurred where the officer has wrongly assisted in the meeting not being held. Obviously, this decision of the Supreme Court was not brought to the notice of the learned S.D.M. In Andhra Provincial Potteries Ltd. v. Registrar of Companies [1969] 39 Comp. Cas. 1000 (AP) [FB], the question for consideration was whether under section 220 of the Act the holding of an annual general meeting of the company and laying before it the balance-sheet and the profit and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held within fifteen months or eighteen months, where it is extended from the date of the last general meeting. According to section 174 of the Act if the quorum is not formed it cannot be a good ground for not holding the annual general meeting. As provided under sub-section (4) of section 174 the meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the board may determine and according to sub-section (5), if at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum. The directors of the company are responsible for calling a general meeting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the company and every officer of the company who is in default shall be punishable even if the default has not been committed wilfully. This view finds support from the decisions in State v. Linkers Put. Ltd. [1970] 40 Comp. Cas. 17 (Pat.) and Gopal Khaitan v. State [1969] 39 Comp. Cas. 150 (Cal.). In view of my above findings the order of acquittal passed by the learned S.D.M. is liable to be set aside. It appears, however, that respondent No. 3, Naba Kishore Mohanty, did not appear in the trial court and by order dated May 25, 1973, it was directed that the case should be split up against him. By the subsequent order dated July 3, 1973, the learned S.D.M. directed issue of non-bailable warrant of arrest against respondent No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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