An investigation has been initiated against Terla Mart Private Ltd under section 210 of the Companies Act, 2013. Mohana, the Managing Director of Company, was of the view that the Company has not committed any default or
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2024
An investigation has been initiated against Terla Mart Private Ltd under section 210 of the Companies Act, 2013. Mohana, the Managing Director of Company, was of the view that the Company has not committed any default or offence, hence no documents need to be furnished for inspection. She also refused to produce books of accounts before the inspector and did not obey the direction issued by the inspector. She discussed the matter with her friend Suhana, a Company Secretary, who informed her that she would have to face penal consequences for refusing to furnish the books of accounts to the inspector. Explain the penal provisions, which Mohana may have to face under the Companies Act, 2013.
Answer & Explanation:
As per section 217(6) of the Companies Act, 2013, (i) If any director or officer of the company disobeys the direction issued by the Registrar or the inspector under this section, the director or the officer shall be punishable with imprisonment which may extend to one year and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees. (ii) If a director or an officer of the company has been convicted of an offence under this section, the director or the officer shall, on and from the date on which he is so convicted, be deemed to have vacated his office as such and on such vacation of office, shall be disqualified from holding an office in any company. Further According to section 217(8) of the Act, if any person fails without reasonable cause or refuses- (a) to produce to an inspector or any person authorised by him in this behalf any book or paper which is his duty under section 217(1) or section 217(2) to produce; (b) to furnish any information which is his duty under section 217(2) to furnish; (c) to appear before the inspector personally when required to do so under section 217(4) or to answer any question which is put to him by the inspector in pursuance of that sub-section; or (d) to sign the notes of any examination referred to in section 217(7), he shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, and also with a further fine which may extend to two thousand rupees for every day after the first during which the failure or refusal continues. Mohana may have to face the abovementioned consequences.
Topics: Companies Act, 2013
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