ANIL KUMAR PODDAR Vs. ALKA INDIA LTD.

JUDGEMENT

(1.) THE applicant has filed the above captioned company application under section 219 of the Companies Act, 1956 (hereinafter referred to as "the Act" in short) praying therein to pass an order, thereby holding the respondent -company (hereinafter referred to as "the company" in short) guilty of violating the provisions contained in section 219 of the Act. It is further prayed that appropriate orders may be passed to punish the company as laid down in the said provision. It is stated by the applicant that the applicant being the shareholder of the company, by a letter dated July 30, 2013, submitted the requisite fees through a cheque No. 000875, dated July 30, 2013 and requested therein, the company secretary to send the following documents and information on most urgent basis:

(2.) IT is further stated that the said letter was received by the company on August 1, 2013. However, the company did not send the annual report, the memorandum and articles of association of the company to the applicant within the stipulated period of 7 days. The company therefore has committed offence under sections 39, 212 and 219 of the Companies Act, 1956. Thus, the applicant being a shareholder of the company has legal right to initiate prosecution against the company, managing director, whole -time directors, secretary and officer -in -default as defined in section 5 of the Companies Act, 1956, for which the applicant reserves his right.

(3.) THE company appeared and filed its reply denying all the allegations made in the application. However, it has been admitted by the company, that a letter was received by the company from the applicant asking it to send the copy of the memorandum and articles of association and the balance -sheet for the last 5 years along with the requisite fees through cheque having overwriting and hence, the cheque could not be encashed.