IN RE Vs. HARYANA MALIK FOODS LTD
LAWS(NCLT)-2016-9-5
NATIONAL COMPANY LAW TRIBUNAL
Decided on September 06,2016

IN RE Appellant
VERSUS
HARYANA MALIK FOODS LTD Respondents

JUDGEMENT

Ina Malhotra, Member - (1.)This petition has been filed u/s. 621A of the Companies Act, 1956 praying for compounding of the offence u/s. 159 of the Companies Act. The said petition which has been routed through the office of the RoC along with their comments, prays for compounding the offence of delaying the filing of the Returns of the AGM with the office of the Registrar of Companies within the period required under the Statute.
(2.)As per the provision of Section 159 of the Companies Act, 1956:
"Every company having a share capital shall, within sixty days from the day on which each of the annual general meetings referred to in section 166 is held, prepare and file with the Registrar a return containing the particulars specified in Part I of Schedule V, as they stood on that day."

(3.)The petitioner's offence relates to the financial year ending 31.03.2011. The ACM was held on 30th September 2011 and due intimation was required to be given by 30th November 2011. However, compliance was made only on 31st August 2012, giving rise to a default of 275 days.
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