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Home CIVIL Companies Act

Companies Act, 1956 Section 81 , 441, 629A  – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]

SHCIL Services Limited v. REGISTRAR OF COMPANIES, MUMBAI

by PLRonline
September 18, 2023
in Companies Act
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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

2023-PLRonline-0112-NCLT-1Download

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Tags: Companies Act S. 441Companies Act S. 629ACompanies Act S. 81
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Decree - Setting aside exparte decree - Knowledge - applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]

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