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TMI Blog2018 (4) TMI 1815X X X X Extracts X X X X X X X X Extracts X X X X ..... avi, Member This proposal for compounding of an offence punishable under section 165(1) read with section 165(3) of the Companies Act, 2013 is forwarded by the Deputy Registrar of Companies, West Bengal under section 441 (4) of the Companies Act, 2013. The allegations, in short, against the offender/director are that he was the Director of more than twenty private limited companies till ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent representation to the Registrar with a request to compound an offence as provided under section 441(1) of the Companies Act. The said proposal is forwarded to this Tribunal for consideration. We perused the records. We heard the Ld. Advocate Mr. Bijay Agarwal, appearing for the offender/director at length. The offender/director admitted his guilt stating in clear terms that he was holding th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be punishable with a fine which shall not be less than Rs. 5,000/- but which may extend to Rs. 25,OOO/- for every day after the first during which the contravention continues. In this case, we found that offender/director was holding the post as a Director in more than 20 companies at once till 31 03 2015. He tendered his resignation as a Director by one of such companies on 19.122015. Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vacated office of the directorship of the company I.e. Fabius Private Ltd. However, his resignation was forwarded to Registrar of Companies on 10.02.2016. It appears to us that the delay was caused in onward transmission of the resignation to ROC, We hold that this is a proper and adequate ground for us to consider prayer of leniency in directing to pay compounding fees. In view of all the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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