Delhi High Court - Orders
Aditya Mittal vs Union Of India & Ors on 1 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14970/2021 and CM APPL. 47260/2021
ADITYA MITTAL ..... Petitioner
Through: Mr. Abhishek Arora, Advocate. (M-
8527717579)
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Sushil Kumar Pandey (Sr. Panel
Counsel) with Mr. Kuldeep Singh,
Advocates for R-1 & 2. (M-
9873588234)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.02.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner challenges the order dated 13th October, 2021 by which a compounding fee of Rs.21,55,000/- was imposed by the Regional Director- Northern Region, Registrar of Companies. Around the same time as the filing of this writ, an order is stated to have been passed on 22nd December, 2021 recording that the said compounding fee order has been withdrawn. The said order reads as under:
"1. An application filed by Sh. Aditya Mittal, the Director of the Company namely GPD Holdings Private Limited (the Applicant) under section 441 of the companies Act, 2013 for compounding of offence committed u/s 165 (1) of the Companies Act, 2013 has been received in this Directorate.
2. That the Applicant had filed the compounding application addressed to the Regional Director (Norther Region), New Delhi, and had submitted the same through the Registrar of Companies, NCT of Delhi & Haryana (ROC).
3. That the application was processed by the ROC and the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:02.02.2023 15:31:33 report in this regard was forwarded to the Regional Director (Northern Region), New Delhi vide report dated 07.07.2021.
4. That the application was processed by the Office of the Regional Director (Northern Region) and the compounding fees of Rs.21,55,000/- was imposed in this regard by the Regional Director, which was intimated to the Applicant vide communication dated 13.10.2021 with request him to remit the same.
5. That it is observed now that there is some technical issue in respect of Delegation of power conferred to the Compounding Authorities (being where the penalty amount stipulated under the Act is upto Rs. 25,00,000/-, that falls under the jurisdiction of the Regional Director and above thereto, that falls under the jurisdiction of Hon'ble NCLT, whereas in this matter, it exceeds the
5. That it is observed now that there is some technical issue in respect of Delegation of power conferred to the Compounding Authorities (being where the penalty amount stipulated under the Act is upto Rs. 25,00,000/-, that falls under the jurisdiction of the Regional Director and above thereto, that falls under the jurisdiction of Hon'ble NCLT, whereas in this matter, it exceeds the limits stipulated under the Act), which was neither followed by the Applicant while filed the compounding application nor have remitted the compounding fees yet, hence to get rid of the technical glitch as stated supra, the Compounding Authority is hereby withdrawn the compounding order dated 13.10.2021 as communicated to the Applicant in this regard.
6. That in view of the above it is hereby ordered that the compounding application as forwarded by ROC to this Directorate is to return back to ROC with instruction to froward it to the Hon'ble National Company Law Tribunal after complying with the due requirement of law as applicable in this matter. Signed"
3. In view of the above, nothing further survives in the present writ petition. Accordingly, the petition along with all pending applications is Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:02.02.2023 15:31:33 disposed of as infructuous. If, however, any further compounding fee is imposed upon the Petitioner, the remedies of the Petitioner are left open, to be availed of, in accordance with law.
PRATHIBA M. SINGH, J.
FEBRUARY 1, 2023 dj/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:02.02.2023 15:31:33