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2018 Supreme(NCLAT) 389

A.I.S.CHEEMA, BALVINDER SINGH
Sanchar Tele Systems Limited – Appellant
Versus
Registrar of Companies, NCT of Delhi & Haryana – Respondent


Advocate Appeared:
For the Appellant :Shri Krishnendu Datta and Shri Rahul Malhotra, Advocates
For the Respondent: Ms. Aparna Mudiam, Adv

JUDGMENT :

A.I.S. Cheema, J. :

Both these appeals relate to same Appellant No.1 Company with regard to defaults committed, and separate compounding applications filed for the different defaults which have been disposed. The RoC has filed common affidavit in reply in both the appeals. Both the appeals have been heard together and are being taken up for disposal together.

2. Company Appeal (AT) No.411 of 2017

This appeal is against impugned order dated 18.08.2017 passed in CP 16/110/17 by National Company Law Tribunal, New Delhi (‘NCLT’ in short).

3. The Company Petition was filed by the Appellants under Section 441 of the Companies Act, 2013 (new Act) for offence punishable under Section 383A of the Companies Act, 1956 (Old Act – in short) read with Section 203 of the Companies Act, 2013 (New Act – in short). Appellants prayed to compound offence of the default in appointment of whole-time Secretary during the period from 01.04.2011 to 31.03.2017. The Appellants claimed that earlier they could not find suitable candidate but that they had now appointed a whole-time Secretary and sought co

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