Under Section 621A of the Companies Act,

1956

In the matter of

Vruddhi Confivest India Private Limited Having its Registered Office At:- Crescent

Chambers, 4^th Floor, Tamarind Lane, Fort,

Mumbai – 400023.

Mr. Shankar Sharma

(Ex-Director of the Company)

..… Applicant No. 1

Ms. Devina Amar Nath Mehra

(Present Director of the Company)

.... Applicant No. 2

Versus

Registrar of Companies, Mumbai,

Maharashtra

Everest Building, 100, Marine Drive Mumbai

– 400 002. ….. Respondent

Order Delivered on :- 12.06.2024

(Rectified on 20.12.2024)

Coram:

[

Mr. Anil Raj Chellan Mr. Kuldip Kumar Kareer

Member (Technical) Member (Judicial)

Appearances:

For the Applicant : Adv. Omkar V. Desothale

For the Respondent : Mr. Shivraj Ranjeri

COURT-II, MUMBAI BENCH ORDER Per: - Coram It has been brought to our notice by the learned Counsel for the Applicant that this Tribunal vide its order dated 12.06.2024 allowed the CP No. 20/2012 and directed the Applicant to remit the compounding fee by way of a demand draft drawn in favour of "Pay and Accounts Office, Ministry of Corporate Affairs, Mumbai within 30 days from the receipt of this order."

Counsel for the Applicant submits that the registry of NCLT does not maintain an account for accepting demand drafts for this purpose and the order needs rectification to enable payment to the Bharatkosh.

Rule 154 r/w Rule 11 of NCLT Rules, 2016 permits the Bench to rectify any clerical or arithmetical mistakes including any error arising from any incidental slip or omission. In the exercise of the above powers, this Tribunal suo-moto rectifies the order dated 12.06.2024 to the extent that the fee shall be remitted to the account of Bharatkosh. Except for the above, there is no other change.

Sd/- Sd/-

ANIL RAJ CHELLAN KULDIP KUMAR KAREER (MEMBER TECHNICAL) (MEMBER JUDICIAL)

Under section 621A of the Companies Act, 1956 In the matter of Vruddhi Confivest India Private Limited Having its Registered Office at: - Crescent Chambers, 4^th Floor, Tamarind Lane, Fort, Mumbai – 400023.

Mr. Shankar Sharma (Ex-Director of the Company)

…. Applicant No.1 Ms.Devina Amar Nath Mehra (Present Director of the Company)

…. Applicant No.2 V/s REGISTRAR OF COMPANIES, MUMBAI, MAHARASHTRA Everest Building, 100, Marine Drive, Mumbai-400 002.

…. Respondent Order delivered on: - 12.06.2024 Coram:

Anil Raj Chellan Kuldip Kumar Kareer Member (Technical) Member (Judicial)

Appearances:

For the Applicants: - Adv. Omkar V. Desothale For the Respondent: - Mr. Shivraj Ranjeri Per: - Coram.

Section Violated:

Section 68 of the Companies Act, 1956.

Penalty Provided Under:

Section 68 of the Companies Act, 1956.

ORDER

1. This Application is filed by the Applicants under Section 621A of the Companies Act, 1956 for compounding the offence committed under Section 68 of the Companies Act, 1956.

2. The subject Company was incorporated on 07.07.1997 under the provisions of the Companies Act, 1956 vide CIN: U99999MH1997PTC109258 as a private company limited by shares within the jurisdiction of the Registrar of Companies, Maharashtra, Mumbai. The Authorised Share Capital of the Company is Rs. 23,00,000/- (Rupees Twenty-Three Lakhs only) divided into 2,30,000 /- (Two Lakh Thirty Thousand) equity shares of Rs. 10 (Ten) each and the paid-up share capital of the company is Rs. 23,00,000/- (Rupees Twenty- Three Lakhs only) divided into 2,30,000 /- (Two Lakh Thirty Thousand)

equity shares of Rs. 10 (Ten) each, fully paid up.

3. The Applicants submit that an inspection under Section 209A of the Companies Act, 1956 was ordered by the DCA based on SEBI's interim report after the March 2001 market crash, known as the Security Scam 2001. During the inspection at the Company's Registered Office, a violation of Section 68 of the Companies Act, 1956, was noted. Following the inspection, the Company received a Show Cause Notice for the violation from the Ministry of Corporate Affairs on 22.03.2002 and the Company duly responded to this notice on 26.03.2002.

4. The Applicants submit that the Company entered into an agreement wit