Ina Malhotra, Member - (1.) The petitioners have filed this application u/s 441 of the Companies Act, 2013 praying for compounding of the default of not holding the AGM within time for the Financial years ended F.Y 2013 to 2015. The default has been made good as the company has since held its AGM for the relevant years, a fact confirmed by the RoC
(2.) As per the provision of Section 96(1) of the Companies Act, 2013: "Every company other than a One Person Company shall in each year hold in addition to any other meetings, a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next."
(3.) The said petition has been routed through the office of the RoC along with their comments. There is no repudiation by the department of the applicant's assertion that the aforesaid objection has been removed.;