R. Varadharajan, Member - (1.) In relation to the offence arising out of non-convening of the Annual General Meetings (AGMs) for the financial year 2014-2015 the Petitioners above named have filed the above Petition for compounding the offence under Section 96/99 of the Companies Act, 2013, with the Registrar of Companies, NCT of Delhi & Haryana (RoC) and the same has been put up before us as required under the provisions of Companies Act 2013 for compounding the offence.
(2.) The petitioner claims that the delay in filing of annual return during the financial year were inter-alia caused because of the losses in the company. it is further pleaded in the petition that the violation committed for non-filing of annual return is not willful and that in the circumstances as they have voluntarily reported the non-compliance on their own, the same may be duly considered while taking into consideration the imposition of fine, as prescribed under the relevant provisions of the companies act, 2013. it is also averred that they have put an end to the offence by filing the annual return for the relevant years as tabulated in the petition and which is extracted below:
(3.) The Registrar of Companies has filed a detailed report dated 02.08.2017 and a perusal of which shows that no prosecution in relation to the offence has been filed or launched and that similar offence has also not been compounded during the last 3 years. It is further reported that the default has been made good as per details furnished by RoC which is in accordance with the compilation, as extracted in paragraph 2 above. Further, it is also represented by the RoC in the report dated 02.08.2017 that no complaint has been received against the Company and that there is no inspection or investigation proceedings pending against the Company. As per the report of the Registrar, it is seen that the Company being the 1st Petitioner has made good the default by holding the AGM for the year ended 31.03.2015 on 23.12.2016.;