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TMI Blog2016 (11) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... , Hyderabad Bench and deciding the case. 2. This application has been filed u/s 149 of the Companies Act, 2013 r/w Rule 3 of the Companies (Appointment and Qualification of Directors) Rules 2014 & Section 621 (A) of the Companies Act 1956, by praying the Tribunal to consider and, to pass suitable orders for compounding the offence committed under the said provision. 3. We have heard Sri G. Bhupesh for Sri S. Nageswara Reddy, the learned Counsel for the applicant, perused the application, and also the report of the Registrar of Companies (RoC), Hyderabad for states of Telangana and Andhra Pradesh, forwarded vide letter No. ROCH/Legal/Sec. l49A/JPCL/STACK/2016/650 dated 6.05.2016. 4. It was submitted that the Company, Jalpower Corporation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. It is further stated that as per Section 149 of the. Companies Act 2013, which came into force w.e.f. 01.04.2014, that every company shall have Board of Directors as prescribed in the Act like minimum three (3) Directors in the case of Public Company and two (2) Directors in the case of Private Company and One (l) Director in the case of one person company with a maximum of 15 Directors. The Central Government, vide Notification No.GSR 259(E), dated 31.03.2014, promogulated the Companies (Appointment and Qualification of Directors) Rules, 2014. As per Rule 3, every listed company and every other public company, which are incorporated under the Companies Act 2013, having a paid-up share capital of 100 crore rupees or more, or turnover o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar of Companies issued show-cause notice vide Ref RAP & TG/TBR/043985/2015/SCN/1326 to 1331 dated 25.08.2015 to the Company and its 4 Directors for non-appointment of woman director as per the said section. Since the applicant failed to comply the said provision within the time prescribed, prosecution complaint was also filed before EO Court, Hyderabad and, the case was posted for examination of the accused under Section 251 of Cr PC and, the next date of hearing was 23.05.2016. The Company has filed only form GNL 2 but Form GNL1 is required to be filed and thus requested the Tribunal to direct the Company to file the same. 11. "Officer" and "Officer who is in default" are defined under Section 2(59) (60) of the Companies Act 2013. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cting to the same, or where such contravention had taken place with his consent or connivance; (vii) In respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; 12. In the instant case, appointment of woman director is the responsibility of the company and its Board of Directors. So the Registrar of Companies has rightly issued show cause dated 25.08.15 to the Company and, all its 4 directors. However, the present Company application has been filed by the Company and only two of its directors. As per the above definition, the Company and all its directors are officers in default, are liable for violation of the provisions as mentioned above. 13. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the interest of justice. 15. In aforesaid facts and circumstances of the case, 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 Rs. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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