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June 2023

Corporate Law Corner Part A : Company Law

By Pramod Prabhudesai, Chartered Accountants
Kaushik M. Jhaveri, Company Secretary
Reading Time 5 mins
5 M/s Herballife Healthcare Pvt Ltd
No. ROC/D/Adj/2023/defective/HerbalLife/1622-1624
Office of Registrar of Companies, Delhi & Haryana
Adjudication order Date of Order: 21st April, 2023 Adjudication Order for penalty pursuant Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 FACTS
M/s HHPL was incorporated at New Delhi. Registrar of Companies, Delhi & Haryana (“RoC”) received an application from Ms. SY, Director of M/s HHPL regarding adjudication of the defect in filing of E-form DIR-11. In this regard, it was observed that as per column 4 of the E-form, date of filing of resignation from M/s HHPL, was shown as 30th November, 2016 but in resignation letter attached therewith the date of submission of resignation to M/s. HHPL was mentioned as 9th September, 2020. RoC on examination of the document/information submitted observed that a default /non-compliance of the provisions of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 had been made and there was no specific penalty under relevant rule. Thus, provisions of section 450 of the Companies Act, 2013 get attracted. Rule 8(3) of the Companies (Registration Offices and Fees) Rules,
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