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

Abstract

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.