- (1.) The Petitioners Company has filed this application u/s 441 of the Companies Act, 2013 praying for compounding of the offence u/s 146 of the Companies Act, 2013 Act having defaulted in sending notice of EGM to the Statutory Auditor of the Company held on 23.06.2016.
(2.) As per provisions of Section 146 of the Companies Act, 2013; "All notices of, and other communications relating to, any general meeting shall be forwarded to the auditor of the company, and the auditor shall, unless otherwise exempted by the company, attend either by himself or through his authorized representative, who shall also be qualified to be an auditor, any general meeting and shall have right to be heard at such meeting on any part of the business which concerns him as the auditor"
(3.) The aforesaid offence is punishable u/s 147 of the Companies Act, 2013. Accordingly, RoC has recommended the fine as Rs. 5,00,000/-(Maximum) for the financial year 2016-2017.;