Compounding order under Section 441 of the Companies Act, 2013 for violation of Section 148 of the Companies Act, 2013 in the matter of M/s. Aggarwal Batteries Private Limited

04 DEC 23 Application No. RD (NWR)/441/Sec. 96/74/2023-24/3360 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 Aggarwal Batteries Private Limited, 502, Fifth Floor, Vanijya Bhavan, Agrawal Cloth Market, Kankariya, Ahmedabad.

• 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

Aggarwal Batteries Private Limited, Company 2. ShriKantilal Sohanlal G. (Director) 3. Kamladevi Kantilal G. (Director) weenenens. Applicants Date of hearing: - 27.10.2023 Present: -

1. Mr. Shrenik Raj Nahata, Practicing Company Secretary and authorized representative of the Applicants.
2. Shri R. S. Meena, Joint Director. ORDER An application under Section 441 of the Companies Act, 2013 (here-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 F60459302 with the O/o the Registrar of Companies, Ahmedabad and thereafter, the same was forwarded alofig with his report thereon dated 18.07.2023 to this Directorate i.e. O/0 the Regional Director (NWR), Ahmedabad, for consideration. 2 ROC has stated that the applicant company was required to hold its AGM for the Financial Year 2016-17 on or before 24.08.2017 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 38 days later on 30.09.2017. 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 __2,016-17 24.08.2017. 30.09.2017. 38 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 finé which may extend to five thousand rupees for every day during which such default continues.”. 6. During the hearing, Mr. Shrenik Raj Nahata, Practicing Company Secretary and authorized representative of applicants reiterated submissions made in the application by the applicants. He has further stated that the default has already been made good. 7. Shri R. S. Meena, Joint Director stated that the instant application has been forwarded by the O/o ROC, Ahmedabad vide letter dated 18.07.2023. After consideration of the submissions made by the applicants in their application and oral submissions made by Sanjay Kumar Joshi, Practicing Company Secretary and authorized representative of the applicants, report submitted by the Registrar of Companies, Ahmedabad and also submission made by Shri R.S. Meena, Joint Director and keeping in mind all the relevant

default under Section 96 of the Compa’nies 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. 30,000/- (Rupees Thirty thousand Only) on Company and Rs. 29,000/- on its each directors. 8. The compounding fee had been paid by the applicants as per the details given below: - Sr. Name of the Applicant Amount SRN & Date j No. (In Rs.) 01. | Aggarwal Batteries Private ) 30,000/- X 57844755 Limited 02. | Kamladevi K. Golechha 29,000/- X 57845125 (Director) 03. | Kantilal Golechha (Director) 29,000/- X 57845034 The application stands disposed of with this order, S REGIONAL DIRECTOR NWR, AHMEDABAD To,

1. Aggarwal Ba

502, Fifth Floor, Vanijay Bhavan, Agrawal Cloth Market, Kankariya, Ahmedabad. 2. Kamladevi K. Golechha (Director) C/o. 502, Fifth Floor, Vanijay Bhavan, Agrawal Cloth Market, Kankariya, Ahmedabad. 3. Kantilal S. Golechha (Director) C/o. 502, Fifth Floor, Vanijay Bhavan, Agrawal Cloth Market, Kankariya, Ahmedabad 4. Registrar of Companies, Ahmedabad.... with reference to the letter No, 0C-Gj/Compounding/ Section 441 dated 18.07.2023, Master file. 6. Office Copy. s o JOINT DIRECTOR JE= ST 7. W /R S. Meena, .C.L.S, 5% Freyra: / Joint Director a0 7 53/ Ministry of Corporate Affairs WA 7 / Govt. of India i Wrefor; v Fater (3uA. ) 0O/o. Regional Director (N.W.R) EHTETE / Ahmedabad. J