Apramey Infrastructure Pvt. Ltd. & Anr vs Registrar Of Companies & Anr

Abhi-Asmi International Pvt. Ltd. & Anr. ...Appellants

Vs

Registrar of Companies & Anr. ....Respondents

With

Company Appeal (AT) No. 342 of 2019

IN THE MATTER OF:

Apramey Infrastructure Pvt. Ltd. & Anr. ...Appellants

Vs

Registrar of Companies & Anr. ....Respondents

Present: For Appellant: Present but appearance not marked. For Respondent:

ORDER

21.11.2019: After hearing learned counsel for the Appellants for a while

we are of the considered opinion that having regard to the circumstances

brought to the notice of the National Company Law Tribunal, Principal Bench,

New Delhi (hereinafter referred to as 'Tribunal') warranting remission in penalty

and culminating in imposing only 1/5th of the maximum penalty prescribed by

the statute as compounded penalty which was proportionate to the level of

contravention in the form of statutory non-compliance and other

contraventions attracting penalty, there is no scope for intervention in this

appeal. Prayer for imposition of 'notional penalty' is accordingly rejected. -2-

2. However, without interfering on the merit, we take notice of the

submission made on behalf of the Appellants that in computing the amount of

penalty levied upon the Appellants, the Tribunal has erred in calculating it

properly. If it be so, the Appellants shall be at liberty to approach the Tribunal

for seeking rectification. Any mathematical error in computing the penalty

imposed can be corrected by the Tribunal provided the Appellants approach

the Tribunal within one week of passing of this order. In order to enable the

Appellants to seek such rectification, the time provided for compliance of the

direction of the Tribunal shall stand extended by two weeks.

3. With these observations both the appeals are disposed of.

[Justice Bansi Lal Bhat] Member (Judicial)

[Justice Venugopal M.] Member (Judicial) am/gc

Company Appeal (AT) No. 341 of 2019 and 342 of 2019