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M/s. KOG - KTV Food products (India) Pvt. Ltd. & Others v/s The Registrar of Companies, Chennai


Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- KOG-KTV FOOD PRODUCTS (INDIA) PRIVATE LIMITED [Active] CIN = U15142TN2004PTC068598

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    CA No. 618 of 2019

    Decided On, 25 July 2019

    At, National Company Law Tribunal Chennai

    By, THE HONOURABLE MR. CH. MOHD SHARIEF TARIQ
    By, JUDICIAL MEMBER

    For the Appearing Parties: G. Sreenivasa Rao, PCS, B. Sarathbabu, Counsel.



Judgment Text

1. Under consideration is an Application No. CA/618/2019 which has been filed by the Applicants before this Tribunal, under Section 441 of the Companies Act, 2013, for compounding of the offence committed under Section 233B of the Companies Act, 1956. The Deputy Registrar of Companies has forwarded a Report on the Application, stating therein that it is the first offence and has also pointed out that a Prosecution (EOCC No. 17 and 18 of 2017) against the Applicant Company is pending before the Addl. Chief Metropolitan Magistrate Court, Egmore, Chennai.

2. The First Applicant is the Company and the other two applicants viz. Mr. K.T.V. Narayanan and Dr. I. Ashok, are its Officers in default, who have filed E-form No. GNL - 1 vide SRN: G46401212 dated 19.06.2017 for violation of the provisions of Section 233B of the Companies Act, 1956.

3. The offence arose when the Applicants herein have failed to file the Cost Audit Report of the Company for the Financial year 2012 - 2013 as mandated under provisions of Section 233B (4) of the Companies Act, 1956 read with the Companies (Cost Audit Report) Rules, 2011.

4. It has been stated that the Company has appointed the third applicant viz. Dr. I. Ashok, as the Cost Accountant for conducting audit of cost records of the Company for the Financial Year 2012-2013 and the requisite Form 23- C, for appointment of Cost Auditor has also been filed with the Central Government. In pursuance of the same, the Cost Accountant has submitted his Cost Audit Report to the Board of Directors on 02.09.2013 and the same was approved. Thereafter, the Company has failed to file the Form I-XBRL with the Central Government within 30 days of the receipt of the Cost Audit Report, as mandated under Section 233B(7) of the Companies Act, 1956.

5. As per the report submitted by the Registrar of Companies, the Applicants received show cause notice from the Cost Audit Branch, Ministry of Corporate Affairs, New Delhi vide show cause dated 30.04.2015 and 06.10.2015 for non-filing of the Cost Audit Report for the Financial Year ended 31.03.2013, within the prescribed time limit. It has been further stated in the RoC Report that the offence was made good and the Company has complied with the provisions of Section 233B of the Companies Act, 1956 by filing the cost audit report belatedly in Form I - XBRL vide SRN: S44618577 dated 30.12.2015.

6. In view of the above, the Applicant company and its Officers were found to have violated the provisions of Section 233B (6) read with Rule 4 (3) & (6) of the relevant rules thereunder. Accordingly, RoC, Chennai has filed a prosecution EOCC No. 17 and 18 of 2017 before the Ld. Addl. Chief Metropolitan Magistrate Court, Egmore, Chennai, for the violation of Section 233B (7) of the Companies Act, 1956 and the same is pending.

7. The Applicants pleaded for imposing nominal penally on the ground that this is the first offence and the same has been made good, which has been confirmed by the concerned RoC. Therefore, the Application of the Company and its Officers in default is allowed and the offence(s) committed under Section 233B of the Companies Act, 1956 for the Financial Year 2012 - 2013 is compounded in exercise of the powers conferred under Section 441 of the Companies Act, 2013, by imposing fine under Section 233B (11) of the Companies Act, 1956 to the tune of Rs. 25,000/- (Rupees Twenty Five Thousand Only) i.e. Rs. 5,000/- on the First Applicant Company and Rs. 10,000/- each on the Second and Third applicants. The Company is directed to pay the penalty from its accounts but the officers in default shall pay the penalty from their own resources. The Applicants shall comply with the Order within three weeks from the date of passing this order. The Company is directed to file a copy of this Order along with the required Form with the Registrar of Companies, Chennai, within the as time prescribed.

8. Since the prosecution is pending before Ld. Addl. Metropolitan Magistrate Court, Egmore, Chennai, the R

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oC is directed to submit the copy of this order before the Ld. Addl. Metropolitan Magistrate Court, Egmore, Chennai, with an application, praying therein to seek the order of discharge of the Applicants / Accuseds' from the said prosecution. 9. Accordingly, the Application stands disposed of. 10. The certified copy of this Order may be issued to the Applicants after the amount of fine is deposited as per the procedure prescribed.
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