TMI Blog1978 (12) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... umar Goswami for the Respondent . JUDGMENT P.C. Barooah, J. The three petitioners before us, who are directors of Simplex Concrete Piles (India) Private Ltd. (hereinafter the "Company") having its registered office at 13, Camac Street, Calcutta-17, have in this application impugned the legality of a proceeding instituted against them and the others under section 210(5) of the Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petition, the accounts were not ready for laying, the meeting was adjourned till July 30, 1976, when the profit and loss account and the balance-sheet were duly laid. Mr. Dilip Kumar Dutta, learned advocate, appearing on behalf of the petitioners, submitted that no offence can be deemed to have been committed by the company as it acted in accordance with a circular letter No. 35/9/72-C. L.I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be read as subject to the said provisions. We are unable to accept the contention of Mr. Ghosh for the reasons which follow. In the case of Sudhir Kumar Seal v. Assistant Registrar of Companies, being Criminal Revision Case No. 965 of 1978, reported in [1979] 49 Comp. Cas. 462 (Cal.), where the directors of Aviquipo of India (Private) Ltd. were prosecuted under section 210(5) of the Act fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Registrar of Companies to launch the prosecution against it. It was of course open to the Company Law Board to modify the circular which they have not done. Furthermore, when the accounts of the company were not ready for laying at the annual general meeting and the annual general meeting was adjourned by an appropriate resolution after transaction of some business to a subsequent date for layin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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