9911796707
TMI Blog2020 (1) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... oters P. Ltd. 14-07-2010 4. Akela Constructions P. Ltd. 05-03-2008 5. Alpaca Constructions P. Ltd. 03-10-2006 6. Stanza Promoters P. Ltd. 08-03-2008 7. Pavlova Realters P. Ltd. 10-05-2008 8. Jade Realters P. Ltd. 14-07-2010 9. Twister Constructions P. Ltd. 27-04-2007 10. Monster Promoters P. Ltd. 06-10-2007 11. Trapeze Developers P Ltd. 27-04-2007 12. Waxen Realters P. Ltd. 25-03-2008 13. Rubella Realters P. Ltd. 25-03-2008 14. Enrich Power and Infra-Tech Development P. Ltd. 24-11-2008 15. Conflate Constructions P. Ltd. 12-08-2013 16. Moiety Estates P. Ltd. 12-08-2013 17. Elision Infratech P. Ltd. 29-07-2013 18. Duflex Infra Project P. Ltd. 27-08-2013 19. GRSD Constructions P. Ltd. 23-05-2013 20. Sarayoo Infratech P. Ltd. 05-06-2013 21. Mee Vasathi Homes P. Ltd. 12-06-2013 22. Saptama Estates P. Ltd. 02-09-2013 23. Vennela Power and Infra-Tech Development P. Ltd. 05-11-2008 24. Manerick Promoters P. Ltd. 27-04-2007 25. Sanorita Infrastructures P. Ltd 20-05-2013 26. Pinnacle Hospitality P. Ltd 19-11-2008 27. Yashoda International Radia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant was director in more than 20 companies on the date of commencement of section 165 (i. e., on April 1, 2014) accordingly the applicant was required to resign at least in seven companies within a period of one year from the date of commencement of said section 165 of the Companies Act, 2013. (d) On March 31, 2015 being the last date for complying with the pro visions contained in section 165 of the Companies Act, 2013, the applicant herein resigned as director from the following eight companies : Sl. No. Name of the company Date of resignation 1. Aorta Promoters P. Ltd. 31-03-2015 2. Stanza Promoters P. Ltd. 31-03-2015 3. Elision Infratech P. Ltd. 31-03-2015 4. Duflex Infra Project P. Ltd. 31-03-2015 5. Sarayoo Infratech P. Ltd. 31-03-2015 6. Mee Vasathi Homes P. Ltd. 31-03-2015 7. Manerick Promoters P. Ltd. 31-03-2015 8. Yashoda International Radiation Oncology Services P. Ltd. 31-03-2015 (e) The applicant has submitted his resignation to the respective com panies. After the resignation of the applicant from the above eight com panies the applicant was director only in nineteen companies which is well within in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y concerned. In the present case the applicant has submitted his resignation to the company on August 1, 2018 hence he ceases to be director with effect from August 1, 2018 and non-filing of requisite Form DIR-12 by Yashoda Special Metals P. Ltd., cannot be attri buted to the applicant. (k) When the applicant came to know about the fact that Yashoda Special Metals P. Ltd., has failed to file Form DIR-12 intimating the resi gnation of the applicant, the applicant requested the said Yashoda Special Metals P. Ltd., to do the needful, accordingly Yashoda Special Metals P. Ltd., has filed Form DIR-12 intimating the resignation of the applicant on March 14, 2019 with effective from August 1, 2018. Copy of Form DIR-12 filed by Yashoda Special Metals P. Ltd., intimating the resignation of the applicant is enclosed to the application as annexure-7. (l) It is averred that non-filing of Form DIR-12 by Yashoda Special Metals P. Ltd., with the respondent intimating the resignation of the appli cant was neither wilful nor wanton and is not with any mala fide intention. 3. The Registrar of Companies Hyderabad submitted his report vide memo No. ROCH/LEGAL/SEC 165/441/G. Surenderrao/2019/1726, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be appointed as director in one more company as provided under section 165 of the Companies Act, 2013. 5. According to the applicant, M/s. Yashoda Special Metals P. Ltd., failed to file Form DIR-12 with the Registrar of Companies, Hyderabad informing the resignation of the petitioner as director. The contention of learned counsel that the petitioner was under impression that M/s. Yashoda Special Metals P. Ltd., had intimated to Registrar of Companies, Hyderabad about his resignation and therefore he became director in M/s. Wanton Builders P. Ltd., on August 6, 2018. 6. Learned counsel contended that since M/s. Yashoda Special Metals P. Ltd., had not filed Form DIR-12, the petitioner was shown to be as director in 21 companies as per records of the Registrar of Companies, Hyderabad. 7. Learned counsel contended that M/s. Yashoda Special Metals P. Ltd., however filed Form MGT-7 and also filed Form DIR-12 on April 13, 2019. 8. Learned counsel contended that the hon'ble National Company Law Tribunal, New Delhi imposed fine lesser than the minimum. In this connection, learned counsel has relied on the order dated May 11, 2017 in C. A. No. 16/59/2017, passed by the hon'ble Na ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
