The Registrar of Companies, West Bengal vs. Karan Kishore Samtani

Samriddhi Mishra*

Citation: AIR 2020 NCLAT AT 13/2019

Bench: Jarat Kumar Jain (J), Balvinder Singh (J), Ashok Kumar Mishra (T).

Title:

The Registrar of Companies, West Bengal                   … Appellant
Versus
Karan Kishore Samtani                                     … Respondent

Jurisdiction: NCLAT, Delhi, Company Appeal (AT) No. 13 of 2019

Laws:

Sec. 165 in The Companies Act, 2016 Sec. 165 (1) in The Companies Act, 2016 Sec. 165 (3) in The Companies Act, 2016 Sec. 441 (1) in The Companies Act, 2016 Section 441 in The Companies Act, 2016

Introduction: This case deals with violating the provisions of a maximum number of Directorships that can be held by a Director under the Companies Act, 2013. The respondent was the director, for more than 20 companies till 31.03.2015. The respondent tendered his resignation as the director of the Company M/s Fabius Properties Pvt. Ltd. The same was accepted by the Board of Directors of the Company on 29.12.2015. However, the intimation of his resignation was sent to the Registrar of Companies vide Form DIR-12 on 10.02.2016. The respondent has violated the provisions under

Section 165(1) read with Section 165(3) of the Companies Act, 2013 which is punishable under Section 165(6) of the Act, The NCLT, Kolkata bench has imposed compounding fees of Rs. 50,000/- which is less than minimum fees prescribed under Section 165(6) of the Companies Act, 2013. Being aggrieved with this order RoC has filed this Appeal.

Publication date and year: September, 2023

D.O.I Link: https://doi.org/10.59126/v2i4a3

3. Registrar Companies W.B. vs. Karan Kishore

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Preferred Citation: Samriddhi Mishra, The Registrar of Companies, West Bengali vs. Karan Kumar Samtani, Vol. II-IV, pg 22-32 (2023).

* 2nd year B.B.A LL.B. student at National Law University Odisha; available at: 22bba041@nluo.ac.in