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1987 Supreme(Cal) 190

MONORANJAN MALLICK
RAMA CAST LTD – Appellant
Versus
ASST. REGISTRAR OF COMPANIES – Respondent


Advocates Appeared:
Amal Majumdar, AMIT BHATTACHARJI, ANJAN MUKHERJI, P.K.Bera, PURNIMA DAS, S.M.Masud

MONORANJAN MULLICK, J.

( 1 ) - This revision petition is directed against the conviction and sentence passed by the Learned Magistrate against the present petitioners under Section 220 (3) of the Companies Act. The facts are briefly as follows:

( 2 ) OPPOSITE party, the Assistant Registrar of Companies, filed a petition of complaint under Section 220 (3) read with Section :162 (1 ). of the Companies Act, 1956 alleging that M/s. Rama Cast Limited and the Directors who are the petitioners No. 2 to 4 herein, of the Company, were under statutory obligation to file three copies of Balance-Sheet and Profit and Loss Account placed in the Annual General Meeting within 30 days, that the Annual General Meeting of the Company should have been held on or before 30. 6. 81 and the Balance Sheet, etc. , were required to be produced in the office of the complainant on or before 29. 7. 1981 but that the petitioners caused did not file the Balance Sheet and Profit and Loss Account as on 31. 12. 1980 inspite of show case-notice. That is how they have contravened the provisions of Section 220 (1) of the Act and are liable to be prosecuted and punished under that section read with Section 162 (1) of t












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