NISHANT
Where no document or resolutions make any particular person responsible for complying with specific provisions, company and every officer of company who is in default shall be liable.
NISHANT MEHROTRA 28 Jun 2018

Where no document or resolutions make any particular person responsible for complying with specific provisions, company and every officer of company who is in default shall be liable.

NCLAT :: Where no resolution passed or return filed has been brought to the notice of the Appellate Tribunal charging or fixing responsibilities, in the absence of bringing the same on record, and in the absence of specific pleadings in the petitions for compounding the offence by officer who is in default, of failure to file returns and appoint company secretary, the benefit under sub-section (3) of section 137 cannot be given. As such, no reason is found to interfere with the orders of the Tribunal.


Companies Act, 2013 – Sections 137 and 203 read with section 383 of Companies Act, 1956 – Officer who is in default – Compounding of offences – Offence/default of non filing of financial statements/annual returns and default in appointment of whole time company secretary – Offence compounded subject to remittance of fine by company and directors – Tenability of prayer for compounding the offence under section 137 for the default in not filing the financial statements and annual returns of the company was for the year 2013-14, and the compounding application was moved after making good the default – Whether the benefit under sub-section (3) of section 137 cannot be given as no resolution passed or return filed has been brought to the notice of the Appellate Tribunal regarding charging or fixing responsibilities – Held, yes.


Case:


Sanchar Tele Systems Ltd. and Others v. Registrar of Companies

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