- (1.) The Application was originally filed before the Company Law Board, Southern Region, Chennai for the purpose of compounding for violation of provisions under Section 96 of the Companies Act, 2013 and it was unnumbered. Consequent upon the establishment of National Company Law Tribunal Bench at Bengaluru, the said case was transferred to this Tribunal on abolition of Company Law Board, Southern Region, Chennai Bench and numbered as T.P. No. 275/2016.
(2.) The averments made in the Company Application are briefed hereunder:- The 1st Petitioner Company was incorporated under the Companies Act, 1956 on 20th September 1999, as a Private Limited Company under the name and style of "Kohler Power Systems and Services Private Limited" Subsequently, the name of the Petitioner Company was changed to Kohler India Corporation Private Limited on 20th June 2005. The Registered office of the company is situated at No. 138/6, 6th Cross, 10th Main, R.M.V. Extension, Sadashivanagar, Bangalore-560080.
(3.) As per the latest Balance Sheet the Authorized share capital of the 1st Petitioner Company is Rs. 1,061,00,00,000/- divided into 95,60,00,000 Equity Shares of Rs. 10/- each and 10,50,00,000 - 11% Cumulative Participating Fully convertible Preference shares of Rs. 10/- each. The paid up capital of the Company is Rs. 940,83,95,250/- consisting of 94,08,39,525 Equity Shares of Rs. 10/- each.;