K. SEETHALAKSHMI Vs. REGISTRAR OF COMPANIES AND ANR.

JUDGEMENT

(1.) CRIMINAL Revision Case No. 114 of 1996 - -A complaint was filed by the Registrar of Companies under sections 159 and 162 of the Companies Act, 1956, against South India Oil Complex Limited as the first accused and Sri K.K. Kunchi Krishna Poduval, the managing director of the first accused -company as the second accused. The allegation is as follows :

(2.) THE company and its directors are under statutory obligation to file with the complainant an annual return in the prescribed form made up to the date of the annual general meeting and in default, the company and every officer of the company, shall be punishable with fine which may extend to Rs. 50 for every day during which the default continues. The annual general meeting of the company in the year 1991 should have been held latest by September 30, 1991, and the annual return made up to that date should have been filed with the complainant on or before November 28, 1991. A default notice was issued by the complainant to the accused, which was acknowledged by the second accused. But the notice issued to the company was returned undelivered. The accused have not filed the annual return in spite of service of notice. Thus, they have wilfully and knowingly contravened the provisions of Section 159 of the Companies Act, 1956.

(3.) CRIMINAL Revision Case No. 115 of 1996. - -A complaint was filed by the Registrar of Companies, under sections 159 and 162 of the Companies Act against South India Oil Complex Limited as the first accused and Sri K.K. Kunchi Krishna Poduval, the managing director of the first accused -company as the second accused. The allegation is as follows :