IN RE Vs. SURRENDER MODI

JUDGEMENT

(1.) The petitioner Mr. Surender Modi, was a Director in more than 20 Companies. This being in gross violation of Section 165 of the Companies Act 2013 which limits any individual from being a Director in more than 20 companies, prosecution has been initiated. It was only then that the applicant took steps to resign from the directorship of some companies so as to adhere to the provisions of Section 165. As per the said provision, every any person who was on the Board of directors of more than 20 Companies was required to resign from companies in excess of twenty by 31st March 2015. The period of default is therefore stated to be from 01.04.2015 to 28.04.2016 i.e for 392 days.

(2.) With a view not to face a protracted criminal prosecution and penal consequences, the applicant who admits this default on account of ignorance, has filed the present petition under section 441 of the Act. Due permission for compounding has been granted by the Court of the Ld AGMM(Sp. Act) , Central District, Tiz Hazari, Delhi, where the prosecution is stated to be pending.

(3.) The offence is punishable u/s 165(6) of the Companies Act, 2013 which provides for an imposition of a fine which shall not be less than Rs.5,000/- but which may extend to Rs.25,000/- for every day after the first during which the contravention continues. Accordingly the office of the RoC has recommended the imposition of a fine of Rs.98,00,000 /-(Max.) and Rs. 19,60,000 /-(Min.) on the petitioner.