NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI BENCH
NEW DELHI
C.P.NO. 16/119/16
CA. NO.
PRESENT: SMT. INA MALHOTRA
Hon’ble Members (J)
ATTENDANCE-CUM-ORDER SHEET OF THE HEARING OF NEW DELHI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 7.10.2016
NAME OF THE COMPANY: M/s MVM Metal and Alloys Pvt. Ltd.
SECTION OF THE COMPANIES ACT: 621A
ORDER
The petitioner company, which was incorporated on 29.05.2007, has filed the present compounding application having been charged with the offence under section 220 of the Companies Act, 1956. Though the company filed its annual report for the financial year 2011-12 alongwith Board’s report dated 01.09.2012 during its scrutiny it was observed that the financial accounts for the year ending 2011-12 were not legible and hence not accepted.
2. It is submitted by the petitioner that the alleged non compliance was totally unintentional and without any malafide intention, on account of bad quality of scanning. On being put to notice, physical copies were submitted in the office of the RoC.
3. The offence is punishable u/s 162 of the Comapanies Act, 1956 which provides for an imposition of fine whcih may extend to Rs. 500/- for each day’s default.
4. Accordingly, the office of the Roc has calculated and recommended the imposition of the maximum fine of Rs. 5,83,500/- on the petitioner company and its three directors till resubmission of the documents in hard copy on 03.12.2013.
5. As per the report, prosecution has not been initiated.
6. Given the facts of the case as there is no legal impediment in compounding, the offence and the fact that the said default appears to be unintentional, it would be sufficient to impose a fine of Rs. 50,000/- on each of the petitioners, i.e. the company and its below mentioned three directors. Accordingly, the fine is imposed as under for the entire period of default.
| Name of the Applicant | Penalty |
| M/s. M V M Mettal & Alloys Pvt. Ltd. | Rs. 50,000/- |
| Mr. Vijay Singla, Director | Rs. 50,000/- |
| Mr. Ajay Budhiraja, Director | Rs. 50,000/- |
| Ms. Pooja Gupta, Director | Rs. 50,000/- |
| Total | Rs. 2 Lacs |
7. Subject to the remittance of the aforesaid fine within 30 days, the offence shall stand compounded. Compliance Report be placed on record with due intimation to the office of the RoC.
8. Petition stands disposed off in terms of the above and consigned to Record Room.
Sd/-
Ina Malhotra
Member Judicial
