IN FORCE MCA Regional Director 2025-12-12

Compounding order under Section 441 of the Companies Act, 2013 for violation of Section 96 of the Companies Act, 2013 in the matter of M/s.Polaris Smart Metering Private Limited

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12 DEC 203/ & Application No. RD (NWR)/441/Sec. 96/73/2023-24/7512. to 3519 BEFORE THE REGIONAL DIRECTOR NORTH-WESTERN REGION MINISTRY OF CORPORATE AFFAIRS, AHMEDABAD IN THE MATTER OF THE COMPANIES ACT, 2013

  • AND- IN THE MATTER OF Polaris Smart Metering Private Limited, E-418, Road.No. 14,V.K.I. Area, Jaipur-302013
  • AND

IN THE MATTER OF APPLICATION UNDER SECTION 441 OF THE COMPANIES ACT, 2013 FOR COMPOUNDING OF OFFENCE COMMITED UNDER SECTION 96 OF THE COMPANIES ACT, 2013.

  • AND

IN THE MATTER OF 1. Polaris Smart Metering Private Limited, Company 2. ShriKishore Kumar Khaitan (Director) 3. ShriYashraj Khaitan, (Director) .. Applicants Date of hearing: - 21.11.2023 Present: -

  1. Mr. Arvind Sharma, Company Secretary and authorized representative of the Applicants.
  2. Smt. Anita Clair, Joint Director. An application under Section 441 of the Companies Act, 2013 (heré-in- after called as “Act”) for compounding of offence committed under Section 96 of the Companies Act, 2013 has been filed by the above named applicants vide SRN F64279748 with the O/o the Registrar of Companies, Jaipur and thereafter, the same was forwarded along with his report thereon dated 18.10.2023 to this Directorate i.e. O/o the Regional Director (NWR), Ahmedabad, for consideration.

ROC has stated that the applicant company was required to hold its AGM for the Financial Year 2016-17 on or before 31.08.2017 but the company failed to hold the AGM for the financial year 2016-17 on or before due date, as the

same was actually held 5 days later on 05.09.2017. Hence, the applicant company has violated the provision of section 96 of the Companies Act, 2013. 3. ROC has reported that the period of default pertains to the financial year 2016-17. The details of delay in holding ‘'of AGM is given below for ready reference: - EY: Due date of Date of holding AGM | Duration of default in AGM days 2016-17 31.08.2017. 05.09.2017. 5 days 4, ROC has further reported that the default has been made good by the applicants by way of holding Annual General Meeting as mentioned herein above. 5: ROC has reported that for violation of section 96 of the Companies Act, . 2013, fine has been provided in section 99 of the Companies Act, 2013 and as per section 99 of the Companies Act, 2013, “if any default is made in holding, a meeting of the company in accordance with section 96/97/98 or in complying with any directions of the Tribunal, the company and every officer of the company who is in default shall be punishable with fine which may extend to one lakh rupees and in the case of continuing default, with a further fine which may extend to five thousand rupees for every day during which such default continues.”. 6. During the hearing through V.C., Mr. Arvind Sharma, Company Secretary and authorized representative of applicants reiterated submissions made j AVIEE LY been made good. il 7. Smt. Anita Klair, Joint Director stated that the instant application has Ee

forwarded by the O/ ROC, Jaipur vide letter dated 18.10.2023. After consideration.of the submissio’ns made by the applicants in their application and oral submissions made by Arvind Sharma, Company Secretary through V. C., and authorized representative of the applicants, report submitted by the Regisfrar of Companies, Jajpur and also submission made by Smt. Anita Klair R.S. Meena, Joint Director and keeping in mind all the relevant fartc and

Section 96 of the Companies Act, 2013. After taking into consideration all the relevant facts of the case, the aforesaid default is compounded on payment of compounding fees of Rs. 25,000/~ (Rupees Fifteen thousand Only) on Company and Rs. 20,000/~ on its each director. 8. The compounding fee had been paid by the applicants as per the details given below: - Sl Name of the applicant Amount SRN (In Rs.) 1. 1. Polaris Smart Metering Private Limited Company 2: Shri Kishore Kumar 65,000/- X59255620 Khaitan, Director 3 Shri Yashraj Khaitan, . g Director The application stands disposed of with these order. To, 3. Yashraj Khaitan (Director) 2. Kishore Kumar Khaitan (Director) Yoo REGIONAL DIRECTOR NWR, AHMEDABAD

  1. Polaris Smart Metering Private Limited, Company, E-418, Road No. 14,V.K.l. Area, Jaipur-302013. H.No. 5, Krishna Nagar, Sirsi Road, Near Vaishali Nagar Jaipur- 302011. H.No. 5, Krishna Nagar, Sirsi Road, Near Vaishali Nagar
  2. Registrar of Companies, Jaipur.... with reference to the letter No. ROC- JPR/441/CA2013/742 dated 18.10.2023. iy Frae cofy P A= — = TR, S. Meena, LCLS. JOINT DIRECTOR 7 / Joint Director 14 [ Ministry of Corporate Affairs : < war | Govt. of India a et e waterd (IUA.) @/ fl Ol/o. Regional Director (N.W.R.) »7a7are | Ahmedabad. T 2an]

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