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2021 (2) TMI 1311

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..... ection 454(8)(ii) of the Act regarding consequences of non-payment of penalty within the prescribed time limit of 90 days from the date of the receipt of copy of this order in terms of the provisions of section 454(8)(i) of the Act - In terms of the provisions of sub-rule (9) of Rule 3 of Companies (Adjudication of Penalties) Rules, 2014 as amended by Companies (Adjudication of Penalties) Amendment Rules, 2019, copy of this order is being sent to Beam Global Spirits Wine (India) Private Limited and all directors/officers in default mentioned herein above and also to Office of the Regional Director (Northern Region), Ministry of Corporate Affairs at New Delhi. Application disposed off. - ROC/D/Adj Order/454/Beam Global/1931-1937 - - - .....

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..... of penalty under the provisions of section 454 of the Act and rules thereunder and stated therein inter aka as under:- The Company Secretary of the company, Mr. Anshu Kumar Chakravoarty had resigned from his office w.e.f. 28.02.2019. It has appointed Ms. Richa Manuja as Company Secretary of the company w.e.f. 27.11.2019 with a delay of 91 days thereby violation of the provisions of sub-section (4) of section 203 of the Act and rules made thereunder. The company further prayed that delay in complying with the provisions of section 203 of the Act be condoned or any other relief or reliefs may deem fit be granted. c) The provisions of section 454(3) of the Act and rules made thereunder inter alia stipulate the manner for adjud .....

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..... rsuance of the articles of the company, as well as the managing director or Chief Executive Officer of the company at the same time after the date of commencement of this Act unless,- (a) the articles of such a company provide otherwise; or (b) the company does not carry multiple businesses: Provided further that nothing contained in the first proviso shall apply to such class of companies engaged in multiple businesses and which has appointed one or more Chief Executive Officers for each such business as may be notified by the Central Government. Section 203(4) of the Act provides that if the office of any whole-time key managerial personnel is vacated, the resulting vacancy shall be filled-up by the Board at a meeting of the B .....

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..... Default continues (In Rs.) Total Penalty in (Rs.) 91 On company 5,00,000 1000x91 5,00,000 Mr. Arthur Anastasius Aroney 50,000 1000x91=91000 50000+91000=141000 Mr. Neeraj Kumar 50,000 1000x91=91000 50000+91000=141000 Mr. Puneet Singhal 50,000 1000x91=91000 50000+91000=141000 Mr. Nadim Assi 50,000 1000x91=9100 .....

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