LAWS(NCLT)-2018-1-603

IN RE Vs. SHRESTH TECH SOLUTIONS LIMITED

Decided On January 11, 2018
IN RE Appellant
V/S
SHRESTH TECH SOLUTIONS LIMITED Respondents

JUDGEMENT

(1.) This Compounding Application was filed before the Registrar of Companies Maharashtra. Mumbai on 12th July, 2016 and the same has been forwarded along with the RoC Report to NCLT. Mumbai Bench on 13th June. 2017. The Ld Registrar of Companies intimated that the Applicant Company has filed the aforementioned Compounding Application suo moto for non-filing of its Annual Return for the financia year 31" March, 2000 with the MCA as stipulated time prescribed in the Section 148 of the Companies Act, 2013.

(2.) Pursuant to Section 159 of the Companies Act, 1956 a company having a share capital shall, within (sixty) days from the day on which the annual general meeting is held, prepare and file its Annual Return with the Registrar. Hence, the Applicant Company committed the default under the provisions of Section 159 of the Companies Act. 1956 and the same is punishable us. 162 of the Companies Act 1956.

(3.) The Ld. RoC has also reported that the Applicant Company has made the default good by tilling its Annual Return for the year 31st March, 2000 on 7th March, 2003 vide Receipt No. 237158. However, the applicants claimed that the Compounding Application is filed, so as to put the matter to rest. Facts of the Case: