Compounding order under Section 441 of the Companies Act, 2013 for violation of Section 135 of the Companies Act, 2013 in the matter of M/s.FS India Devco Private Limited (N30516561)

BEFORE THE REGIONAL DIRECTOR (NORTHERN REGION) Company Application No. RD(NR)/FS/N30516561/2025

In the matter of the Companies Act, 2013-Section 441

And

In the matter of FS INDIA DEVCO PRIVATE LIMITED having registered office at 808, 8"" Floor, Narain Manzil, 23, Barakhamba Road, Central Delhi, New Delhi, Delhi, 110001.

In the matter of:

1, FS India Devco Private Limited. 2. Mr. Nitin Grover. 3. Mr. Himanshu Jangid. Present:

.... Applicants

Ld. PCS Varun Sharma.

Ld. PCS Ashvary Gupta.

• Mr. Shashi Raj Dara, Joint Director.

...For Applicants

.... Presenting Officer

Date of Hearing: 23.10.2025

ORDER

1. An application under Section 441 of the Companies Act, 2013 filed for compounding of default committed u/s 135 r/w 134(3)(0) of theCompanies Act, 2013 through SRN N30516561.,

2. The Registrar of Companies, NCT of Delhi & Haryana has submitted its report vide letter dated 18.09.2025 wherein it has been reported that the default u/s 135 r/w 134(3)(0) of the Companies Act, 2013 is punishable u/s 450 and 134(8) of the Act which is subjected to adjudication u/s 454 of the Act w.e.f. 21.12.2020, hence, the instant Compounding application is not maintainable.

3. Ld. PCS for the Applicant(s) confirms that the default u/s 135 r/w 134(3)(0) of the Companies Act, 2013 is subjected to adjudication and an application u/s 454 of the Companies Act, 2013 ought to have been filed before the Adjudicating Authority instead of Compounding application, therefore, Ld. PCS vide letter dated 23.10.2025 prays to withdraw the compounding application as an adjudication application has already been applied to the Adjudicating Authority and adjudication of which is underway.

4. The Presenting Officer, Mr. Shashi Raj Dara, Joint Director, submits that withdrawal is permissible at any stage before the application is disposed of and therefore may be considered for approval.

5. In view of the above, the applicants are permitted to withdraw the compounding application. The Compounding application is dismissed as withdrawn, and disposed of accordingly.

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2. Mr. Nitin Grover WZ-2341, Stret No. 6, Raja Park, Rani Bagh, New Delhi-110034.

3. Mr. Himanshu Jangid WZ-596/E, Raj Nagar Part-1, Palam Colony, South-West Delhi, Delhi-110045.

4. The Registrar of Companies, NCT of Delhi & Haryana.

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