Discuss: Whether the Companies Act, 2013 bars filing of a joint application for compounding of the same offence committed in different years?

In terms of the scheme envisaged section 441 of the Companies Act, 2013, there is no bar on preferring a single application for compounding the same offence committed during different financial years by the company and its officers, nor is there any bar on a joint application being made by a company along with its officers in default. Procedures are deemed to be permitted unless expressly prohibited. (Rajendra Prasad Gupta vs. Prakash Chandra Mishra and Ors. AIR 2011 SC 1137). In absence of any specific bar of joinder of parties or joining of separate cause of actions in preferring a compounding application, joining of parties for same offence is permitted. Facts leading to any non-compliance under the Act on part of the company and its officers in default will be same, any suggestion to the contrary will only lead to multiplication of proceedings and different findings, which is not desirable.