The computation of the limitation period shall begin from the date of expiry of the compliance period as provided by order under sec 234(3A) of the Act

Court :
HIGH COURT OF DELHI

Brief :
The brief facts necessitating the disposal of the present petition are that a complaint was received by the Regional Director, Northern Region, Noida regarding irregularity/ illegality in the affairs of the Petitioner Company. The complaint was forwarded to the Respondent/ Complainant for it to take appropriate action. Thereafter the Respondent/ Complainant vide order dated 10/10/2006 u/S 234(1) of the Companies Act (hereinafter referred to as the „Act‟) called upon certain documents and details qua the Petitioner company. The Accused vide their letter dated 09.11.2006 communicated to the Respondent/ Complainant their inability to furnish the necessary details and sought time for the same. Not receiving the desired information within the time sought by the petitioners, order dated 20.11.2006 u/s 234 (3A) of the Act was issued to the petitioners and again 7 days time was sought by the Petitioners. That on examining the replies it was understood that the Petitioners were evading and neglecting to furnish the desired information and thus a show cause notice under section 234 (4)(a) was issued against the Petitioners which evoked no response. Thereafter a report u/s 234 (6) of the Act was sent to the Central Government with the necessary particulars seeking advice on prosecuting the Petitioners and after examining the case the Central Government gave the go ahead for the prosecution of the Petitioners under section 234 (4)(a) of the Act. The complaint was received in the court of the Ld. ACMM on 11.05.2007 and the summons issued to Petitioners on 19.05.2007.

Citation :
M/S. KHULOOD IMPEX PRIVATE LIMITED & ORS. ……Petitioners Through: Mr. Wasim Ashraf, Advocate Versus THE REGISTRAR OF COMPANIES …… Respondent