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2022 Supreme(Online)(MAD) 41409

HIGH COURT OF MADRAS
HONOURABLE MR.JUSTICE SUNDER MOHAN
B.KANNAN M/47YRS – Appellant
Versus
THE DEPUTY REGISTRAR OF – Respondent


ORDER

This petition has been filed to quash the private complaint filed in E.O.C.C.No.46 of 2016 by the respondent herein for the alleged offences under Section 165 r/w 165(6) of the Companies Act, 2013.

2. The allegations in the complaint are that the petitioner violated the provisions of the Companies Act by holding Directorship of companies in excess of the limits prescribed under the provisions of Section 165 of the Companies Act, 2013 and the said violation is an offence punishable under Section 165(6) of the Act. As per Section 165(1) of the Act, no person, after the commencement of this Act, shall hold office as a Director, including any alternate Directorship, in more than twenty companies at the same time, provided that the maximum number of public companies, in which, a person can be appointed as a Director shall not exceed ten. Further, Section 165(3) of the Act provides that any person holding office as Director in companies more than the limits as specified in sub-section (1), immediately before the commencement of this Act shall, within a period of one year from such commencement: (a) choose not more than the specified limit of those companies, as companies, in which,

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