the institute of company secrietaries of india - icsi - … raj... · 2015-10-15 · vijay kumar...
TRANSCRIPT
THE DISCIPLINARY COMMITlEE
THE INSTITUTE OF COMPANY SECRIETARIES OF INDIA
DC 872011
IN THE MATTER OF COMPLAINT OF PROFESSIONAL OR OTHER MISCONDUCT
Mis Abu Raj Resorts Ltd COMPLAINANT
Vis
Shri Vijay Kumar Mishra RESPONDENT
OR D E R
8th1 A complaint in Form I dated October20 10 was filed under Section 21 of the Company Secretaries Act 1980 read with sub-rule (1) of Rule 3 of the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules 2007 (the Rules) by Shri Bholabhai V Patel the director of Mis Abu Raj Resorts Ltd (hereinafter referred to as the Complainant) against Shri Vijay Kumar Mishra FCS - 5023 (CP -4279) (hereinafter referred to as the Respondent)
2 The Complainant has alleged that the Respondent has certified DIN-3 in respect of Shri Ambalal Babulal Soni Shri Altaf Yusuf Shaikh and Shri Gopal Ambalal Soni without verifying the records of the Company He further stated that Shri Ambalal Babulal Soni was not the Director of the company at the time of said certification
3 Pursuant to sub-rule (3) of Rule 8 of the Rules a copy of the complaint was sent to the Respondent vide letter dated 26th November 2010 calling upon him to submit the written statement which he submitted vide letter dated 16th December20 10
4 The Respondent had stated that for verification of DIN-3 he had checked DIN-2 DIN-1 as allotted by the MCA the extracts of the
9thBoard Resolution (passed on February 2009) authorising Shri Ambalal Babulal Soni to sign and file DIN-3 for Shri Ambalal Babulal Soni Shri Altaf Yusuf Shaikh and Shri Gopal Ambalal Soni He further stated that Shri Ambalal Babulal Soni had also produced a copy of Form 32 for his appointment as director He further submitted that he had taken extract of minutes of the Board meeting held on 4th April 2006 appointing Shri Gopal Ambalal Soni and Shri Altaf Yusuf Shaikh as directors of the company The Respondent has also submitted that he has taken the copies of the consent letters from the said persons to act as directors of Mis Abu Raj Resorts Ud He further submitted that he has also verified the Register of directors of the Company The
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Respondent has further submitted that as per Section 54 of the Companies Act 1956 a document or proceedings requiring authentication by a company may be signed by a director and he had relied on the documents provided to him by Shri Ambalal Babulal Soni the Director of the company He has also stated that he came to know that a petition under Section 397 I 398 of the Companies Act 1956 is pending before the CLB
5 Pursuant to sub-rule (4) of Rule 8 of the Rules a copy of the written statement was sent to the Complainant vide letter dated 21 st December 2010 asking him to submit the Rejoinder which he submitted vide letter dated 7th j anuary 2011
6 The Respondent vide letter dated 3]1t March 2011 submitted the additional submissions
7 Pursuant to sub-rule (5) of Rule 8 the Rules additional information were called from both the parties vide letters dated 19th April 2011 Both the parties submitted their replies vide letters dated 28th April 2011 and 30th April 2011 respectively
8 The Respondent vide letters dated 3rd June 2011 and 9th June 2011 made further submissions and attached a copy of the Deed of Settlement and the order of the Session Court
30th9 The Report of the Director (Discipline) dated MaY2011 was considered by the Disciplinary Committee at its meeting held on 6th
June 2011 wherein the Director (Discipline) inter-alia had opined to keep the matter in abeyance It was also informed that the matter is under investigation by CLB and the complaint has been lodged before Cyber Crime Cell Mumbai
10 The Respondent vide e-mail dated lOth June 2011 had conveyed that he had requested the ROC Gujarat to provide a copy of the letter dated 18th January 2011 issued to the Cyber Crime Mumbai which was denied by the ROC The ROC had stated that the copies can be provided only to the Government Isemi Government authorities Hence the Respondent had requested the Institute to send a request letter to ROC Ahmedabad for the same
11 The Committee at its meeting held on 13th June 2011 was apprised that the Respondent had informed that ROC Gujarat had sent a letter dated 18th January 2011 to the Cyber Crime Authorities stating that the Complainant was not the director of Mis Abu Raj Resorts Limited on the relevant date However the ROC had refused to provide the copy of the said letter to the Respondent The Respondent further requested the Institute to send a request letter to ROC Ahmedabad The Committee after discussions advised the Director (Discipline) to get the requisite information from the ROC
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12 Accordingly a letter dated 2nd July 2011 was sent to ROC Gujarat seeking the details of the directorship of Shri Bholabhai V Potel and Shri Rajendrabhai Patel and the status report of Directors of Mis Abu Raj Resorts Ltd
13 The ROC Gujarat vide Iletter dated 8th July 2011 had sent the copies of Form 32 dated 3rd January 1989 20th January 1996 15th September 1996 ]st May 1998 1st July 1999 5th October 2002 11 th October 2002 24th October 2003 24th February 2003 22nd June 2003 21 st July 2003 19th September 2003 29th December 2003 4th October 2000 21St
December 2010 and the Annual Return for the year 2005-06
14 On examination of the material on record the Director (Discipline) submitted a supplementary note dated 30th July 2012 before the
16thDisciplinary Committee at its meeting held on August 2012 wherein the Director (Discipline) observed that the instant complaint revolved around certification of DIN-3 by Shri Vijay Kumar Mishra the Respondent in respect of Shri Ambalal Babulal Soni Shri Altaf Yusuf Shaikh and Shri Gopal Ambalal Soni It was also observed that the complaint is filed by Shri Bholabhai V Patel director of Mis Abu Raj Resorts Ltd and has annexed a certified copy of the Resolution passed by the Board of directors of the Company at its meeting held on pt October 2010 On further examination it was found that the complaint in Form-I is having mention about the date of the said
8thmeeting as October 2010 It was further observed that the attached copy of the Board resolution doted 1st October 2010 has been signed by the Complainant The dates in both the documents were different The Director (Discipline) held that in view of the foregoing the Respondent is prima-facie not guilty of professional or other misconduct under the Company Secretaries Act 1980
15 The Disciplinary Committee at its meeting held on 16th August 2012 considered the supplementary note of the Director (Discipline) material on record and agreed with the prima-facie opinion of the Director (Discipline) and came to the conclusion that the Respondent is not guilty of Professional or other Misconduct and closed the matter
Accordingly the complaint stands disposed-off
_ ~ ~ r-
r(S Ba subramanian) (S~bull (Gop a rishna Hegde) Mem er Me ber Member
)J~
New Delhi Date2S$eptember 2012
3
Respondent has further submitted that as per Section 54 of the Companies Act 1956 a document or proceedings requiring authentication by a company may be signed by a director and he had relied on the documents provided to him by Shri Ambalal Babulal Soni the Director of the company He has also stated that he came to know that a petition under Section 397 I 398 of the Companies Act 1956 is pending before the CLB
5 Pursuant to sub-rule (4) of Rule 8 of the Rules a copy of the written statement was sent to the Complainant vide letter dated 21 st December 2010 asking him to submit the Rejoinder which he submitted vide letter dated 7th j anuary 2011
6 The Respondent vide letter dated 3]1t March 2011 submitted the additional submissions
7 Pursuant to sub-rule (5) of Rule 8 the Rules additional information were called from both the parties vide letters dated 19th April 2011 Both the parties submitted their replies vide letters dated 28th April 2011 and 30th April 2011 respectively
8 The Respondent vide letters dated 3rd June 2011 and 9th June 2011 made further submissions and attached a copy of the Deed of Settlement and the order of the Session Court
30th9 The Report of the Director (Discipline) dated MaY2011 was considered by the Disciplinary Committee at its meeting held on 6th
June 2011 wherein the Director (Discipline) inter-alia had opined to keep the matter in abeyance It was also informed that the matter is under investigation by CLB and the complaint has been lodged before Cyber Crime Cell Mumbai
10 The Respondent vide e-mail dated lOth June 2011 had conveyed that he had requested the ROC Gujarat to provide a copy of the letter dated 18th January 2011 issued to the Cyber Crime Mumbai which was denied by the ROC The ROC had stated that the copies can be provided only to the Government Isemi Government authorities Hence the Respondent had requested the Institute to send a request letter to ROC Ahmedabad for the same
11 The Committee at its meeting held on 13th June 2011 was apprised that the Respondent had informed that ROC Gujarat had sent a letter dated 18th January 2011 to the Cyber Crime Authorities stating that the Complainant was not the director of Mis Abu Raj Resorts Limited on the relevant date However the ROC had refused to provide the copy of the said letter to the Respondent The Respondent further requested the Institute to send a request letter to ROC Ahmedabad The Committee after discussions advised the Director (Discipline) to get the requisite information from the ROC
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12 Accordingly a letter dated 2nd July 2011 was sent to ROC Gujarat seeking the details of the directorship of Shri Bholabhai V Potel and Shri Rajendrabhai Patel and the status report of Directors of Mis Abu Raj Resorts Ltd
13 The ROC Gujarat vide Iletter dated 8th July 2011 had sent the copies of Form 32 dated 3rd January 1989 20th January 1996 15th September 1996 ]st May 1998 1st July 1999 5th October 2002 11 th October 2002 24th October 2003 24th February 2003 22nd June 2003 21 st July 2003 19th September 2003 29th December 2003 4th October 2000 21St
December 2010 and the Annual Return for the year 2005-06
14 On examination of the material on record the Director (Discipline) submitted a supplementary note dated 30th July 2012 before the
16thDisciplinary Committee at its meeting held on August 2012 wherein the Director (Discipline) observed that the instant complaint revolved around certification of DIN-3 by Shri Vijay Kumar Mishra the Respondent in respect of Shri Ambalal Babulal Soni Shri Altaf Yusuf Shaikh and Shri Gopal Ambalal Soni It was also observed that the complaint is filed by Shri Bholabhai V Patel director of Mis Abu Raj Resorts Ltd and has annexed a certified copy of the Resolution passed by the Board of directors of the Company at its meeting held on pt October 2010 On further examination it was found that the complaint in Form-I is having mention about the date of the said
8thmeeting as October 2010 It was further observed that the attached copy of the Board resolution doted 1st October 2010 has been signed by the Complainant The dates in both the documents were different The Director (Discipline) held that in view of the foregoing the Respondent is prima-facie not guilty of professional or other misconduct under the Company Secretaries Act 1980
15 The Disciplinary Committee at its meeting held on 16th August 2012 considered the supplementary note of the Director (Discipline) material on record and agreed with the prima-facie opinion of the Director (Discipline) and came to the conclusion that the Respondent is not guilty of Professional or other Misconduct and closed the matter
Accordingly the complaint stands disposed-off
_ ~ ~ r-
r(S Ba subramanian) (S~bull (Gop a rishna Hegde) Mem er Me ber Member
)J~
New Delhi Date2S$eptember 2012
3
12 Accordingly a letter dated 2nd July 2011 was sent to ROC Gujarat seeking the details of the directorship of Shri Bholabhai V Potel and Shri Rajendrabhai Patel and the status report of Directors of Mis Abu Raj Resorts Ltd
13 The ROC Gujarat vide Iletter dated 8th July 2011 had sent the copies of Form 32 dated 3rd January 1989 20th January 1996 15th September 1996 ]st May 1998 1st July 1999 5th October 2002 11 th October 2002 24th October 2003 24th February 2003 22nd June 2003 21 st July 2003 19th September 2003 29th December 2003 4th October 2000 21St
December 2010 and the Annual Return for the year 2005-06
14 On examination of the material on record the Director (Discipline) submitted a supplementary note dated 30th July 2012 before the
16thDisciplinary Committee at its meeting held on August 2012 wherein the Director (Discipline) observed that the instant complaint revolved around certification of DIN-3 by Shri Vijay Kumar Mishra the Respondent in respect of Shri Ambalal Babulal Soni Shri Altaf Yusuf Shaikh and Shri Gopal Ambalal Soni It was also observed that the complaint is filed by Shri Bholabhai V Patel director of Mis Abu Raj Resorts Ltd and has annexed a certified copy of the Resolution passed by the Board of directors of the Company at its meeting held on pt October 2010 On further examination it was found that the complaint in Form-I is having mention about the date of the said
8thmeeting as October 2010 It was further observed that the attached copy of the Board resolution doted 1st October 2010 has been signed by the Complainant The dates in both the documents were different The Director (Discipline) held that in view of the foregoing the Respondent is prima-facie not guilty of professional or other misconduct under the Company Secretaries Act 1980
15 The Disciplinary Committee at its meeting held on 16th August 2012 considered the supplementary note of the Director (Discipline) material on record and agreed with the prima-facie opinion of the Director (Discipline) and came to the conclusion that the Respondent is not guilty of Professional or other Misconduct and closed the matter
Accordingly the complaint stands disposed-off
_ ~ ~ r-
r(S Ba subramanian) (S~bull (Gop a rishna Hegde) Mem er Me ber Member
)J~
New Delhi Date2S$eptember 2012
3