, 15 Judgement by NCLT and NCLAT during 2016 crux ~ CS GAURAV SHARMA

December 13, 2016

15 Judgement by NCLT and NCLAT during 2016 crux

1. NCLT sets aside Resolution on appointment of director as notice wasn't served to other directors.
2. Director was appointed on 30.10.2009 and Form 32 should have been filed by 29.11.2009. However, DIR-12 was filed on 27.12.2014 (i.e. after delay of 1852 days). NCLT levied compounding fee of Rs.46,300/- (@ Rs.25 per day) on the applicant director.
3. Borrowing of the public company as on 31.3.2014 exceeded Rs.50 crores. It was require to constitute Audit Committee by 31.3.2015. It was converted into private co. on 5.6.2015 and now it was not required to constitute Audit Committee. However for the period of default of around 2 months NCLT levied compounding fee of Rs.2 lacs on the company and its directors.
4. Company held its AGM for 2014 on 28.11.2014 against due date of 30.9.2014 (i.e. after delay of 58 days) due to delay in completion of audit. NCLT levied compounding fee of Rs.75,000/- each on all directors.
5. Company entered into related party transactions during 2008-09 to 2013-14 without obtaining CG approval u/s 297 of CA 1956. NCLT levied compounding fee of Rs.84,000/- in all (@ Rs.1,000 per transaction per year on company and all directors.
6. Company paid remuneration of Rs.65 lacs to MD during 2013-14 as against eligibility of Rs.46 lacs (10% of net profit) u/s 198. MD refunded excess remuneration of Rs.19 lacs on 1.8.2016, i.e. after delay of 853 days. NCLT levied compounding fee of Rs.23,325/- each on company, MD, WTD and CS (@ Rs.25 per day.
7. NCLT dismissed plea for removal of director as his thumb impression matched with impression in docs.
8. NCLT allows petition by depositors for recovering deposit made prior to April 1, 2014.
9. Complaint for misuse of digital signature can't be filed under Info Technology Act.
10. NCLT allows conversion of public co. into private co. as it wasn't prejudicial to members or creditors.
11. NCLT ordered investigation into the affairs of 'PTC Energy' due to irregularities in its minutes.
12. NCLT allows compounding of offence for delay in appointment of women director.
13. Dispute over right to obtain shares as per MOU won't attract provisions of oppression and mismanagement.
14. Company's name struck off from register on prayer of directors can't be restored on subsequent request: HC.

15. NCLT directs Cos to nominate directors on board to remove deadlock in Co.


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