IN RE Vs. BLP ENERGY PRIVATE LIMITED

JUDGEMENT

(1.) The petitioners hG filed this application u/s 441 of the Companies Act, 2013 praying for compounding of the offence u/s 231 of the Companies Act, 1956 and u/s 146 of the 2013 Act having defaulted in sending notices of the AGM and EGM to the Statutory Auditors of the Company for the Financial years 2010-2011 to 2016-2017. It is submitted that the said error was inadverted on account of a bonafide mistake and remedial steps have been taken for issuance of notice to the Auditors for the present AGM.

(2.) As per Section 231 of the 1956 Act:-

(3.) The aforesaid offence is punishable u/s 232 of the 1956 Act and u/s 147 of the Companies Act 2013. Accordingly, RoC has recommended the fine as Rs. 5,000/-on the company for every default during the financial years 2011 to 2013 and Rs. 5,00,000/- for every default during the financial years 2014 to 2016. There are stated to be 9 defaults attracting the fine u/s 232 of the Companies Act 1956 and 6 defaults attracting the fine u/s 147 of the Companies Act 2013.