Rajeswara Rao Vittanala, Member - (1.) This application was initially filed before the Hon'ble Company Law Board, Chennai Bench, Chennai. Since the NCLT Hyderabad Bench has been constituted for the cases pertaining to the States of Andhra Pradesh and Telangana, the case is transferred to Hyderabad Bench. Hence, we have taken the case on records of NCLT, Hyderabad Bench and deciding it.
(2.) The present Company Application bearing No. 59/621A/HDB/2016 has been filed by the Applicants u/s. 621A r/w Section 217 (2AA) of Companies Act 1956 (which is referred as Act here after) by seeking to allow them to compound the alleged offence committed under u/s. 217(2AA) of the Companies Act, 1956.
(3.) The brief facts which are relevant to the issue raised in the present application are: "a. Cambridge Technology Enterprises Limited (which is referred to as Company herein after) was incorporated as a Private Limited Company on 28th January, 1999 under the Companies Act, 1956 with Registration No. CIN L72200AP1999PLCO30997 in the State of Telangana and, the registered office of the Company is at 04-03, Level 4, Block 1, Cyber Pearl, Hitec City, Madhapur, Hyderabad - 500 081, Telangana, India. The authorised capital of the company is Rs. 30 Crores as on 31.03.2015 divided into (3) Crores equity shares of Rs. 10/- each. The main object of the Company as per its Memorandum of Association are to set up and run electronic data processing centre and to carry on the business of data processing, word processing, software consultancy, designing, developing, manufacturing, marketing and trading in all types of computer software in all areas etc. b. Pursuant to the inspection of the books of account and other records of the Company made by the Office of the Regional Director, Southern Region, Chennai, Ministry of Corporate Affairs, under section 209A of the Companies Act 1956, a common notice bearing No. JDI/MAS/21/2010 dated 26.07.2010 was issued to the Company by Shri Lakshmi Prasad K, Deputy Director of the RD office by pointing out various violations/Contraventions of provisions of the Companies Act 1956 (which is herein after referred to as Act) committed by the Company under Section 383A, 372A, 205, 205A, 217(3), 211(3A)(3C) R/w AS9, AS 26, AS 13, AS 20, 217(2AA), 211 R/w Schedule VI, Part I, 193(1), 211 R/w Schedule VI, Part I & II, 147, 224(1A) of the Act.";