M.K. Shrawat, Member - (1.) This Compounding Application was filed before the Registrar of Companies Maharashtra, Mumbai on 06th October, 2015 and the same has been forwarded along with the RoC Report to CLB, Western Region. Mumbai Bench, on 01st January. 2016. After establishment of National Company Law Tribunal, Mumbai Bench the same has been transferred to NCLT, Mumbai Bench. The Ld. Registrar of Companies intimated that the Applicant Company has filed the aforementioned Compounding Application suo moto for having more than one Director Identification Number (hereinafter referred as DIN).
(2.) Therefore, it is evident that the Applicant Company committed the default under the provisions of Section 266 C of the Companies Act, 1956. The Ld. RoC has also reported that the Applicant Company has made the default good by filing e-form RD - 1 and form DIR - 5 for surrendering the extra DIN. However, they claimed that they have filed the Compounding Application so as to put the matter to rest. Facts of the Case:
(3.) As per the Applicant's own submissions made in the Compounding Application filed by them for violation of Section 266 C of the Companies Act, 1956, the Applicant has committed default as follows:- "1. The applicant received on 21st November, 2014, the Summons dated 9th September, 2010 having Dispute No. 14508/14 from the CJM, Gautam Budh Nagar, UP, to appear in the said Court on 05/01/2015 accusing the Applicant of violation of the Provisions of Section 266 C and S. 266 G of the Companies Act, 1956 and Rules made thereunder. A copy of the same is enclosed hereto as Exhibit 'A'. 2. On receipt of the summons, I searched my old records and I came to know that I have been allotted two DINs as detailed below: i) 00089518 dated 3rd May, 2006 in the name of Anahaita Pirojsha Shah (Wrong DIN). ii) 00304641 dated 23rd August, 2006, in the name of Anahaita Nalin Shah (Correct DIN). 3. I checked all the records and found that the Wrong DIN allotted to me contained error regard to name of my Husband, father, and my surname for which I have no supporting documents as the name and the details mentioned in that DIN is not in existence nor it is valid. I was allotted the Correct DIN in August, 2006 which I have been using for all Company related filings.....";