2018 (11) TMI 1312

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..... filed by the Applicants before this Bench, under Section 441 of the Companies Act, 2013, for compounding of the offences committed under Section 135 r.w. Section 134(3)(o) of the Companies Act, 2013. The Deputy Registrar of Companies has forwarded a Report on the Application, stating therein that it is the first offence and no prosecution is pending against the Applicants. 2. The first Applicant .....

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..... with section 135 (2) of the Companies Act, 2013 is not mandatory and inadvertently missed out to give the required disclosures under the said section in the Board's Report pertaining to the financial year ended 31.03.2015. Hence, the Company and its Officers who are in default have violated the provisions of Section 134(3)(o) r.w. Section 135 of the Companies Act, 2013, which is punishable under S .....

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..... 13, for violation of the provisions of Section 134(3)(o) r.w. Section 135 of the Companies Act, 2013. 6. The Applicants pleaded for taking lenient view on the ground that this is the first offence, which has been confirmed by the concerned RoC. Therefore, the Application of the Company and its Officers in default is allowed and the offence is compounded in exercise of the powers conferred under S .....

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