Companies Act, 1956 Section 81 , 441, 629A – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit – Company and its Directors are found to have violated the provisions of Section 81 of the Companies Act, 1956 – The said offence is to be compounded by imposing fine under 629A of the Companies Act, 1956 where no specific penalty is provided in the Act – No fetter has been put on powers of the Tribunal, which is the main forum for compounding of offences – Other forum of ‘Regional Director' and ‘Officer of the Central Government' being alternative but restricted by the extent of quantum of punishment, the Tribunal has all the powers to compound all the offences irrespective of any pecuniary limit – The Tribunal has been conferred with all powers to compound the offence irrespective of the limit of fine – NCLT. [NCLT – Mumbai]
NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, COURT – II
SHCIL Services Limited v. REGISTRAR OF COMPANIES, MUMBAI
CP No.: /3869/NCLT/MB/MAH/2018
Under section 441 of the Companies Act, 2013