1. Messrs Nutripak Food Industries Limited (the Undertaking) was asked to supply the information/ documents vide Letter No.2(277)ENQ(DD-R&I)MCA/99 dated January 12, 2002 but if failed to do so.
2. The Undertaking was reminded .vide letter of even number dated March 07, 20.02 in response to which vide its letter dated March 14, 2002 it submitted that the information was under preparation and would be supplied within two weeks. However, this was not done. The Undertaking was, therefore, served with Show-Cause Notice No.56 of 2;0012002 on April 01, 2002, but it did not respond to the said ,show-cause notice.
3. The matter was fixed for hearing on 20-11-2002 which was however, adjourned to January 11, 2003 on the written request of the Undertaking. The case was again adjourned on the written request of the Undertaking and was finally fixed for hearing on 22-7-2003.
4. On the said date of hearing Mr. Rehan A. Khan appeared on behalf of the respondent Undertaking as its authorized representative and argued the case. He admitted that the information called for by the Authority vide letter dated January 12, 2002 followed by a reminder dated March 7, 2002 was not supplied for the reason that the factory was closed since 1st July, 2001 and the management was busy in restructuring its loans etc., with the banks. He further admitted that the required information was supplied to the Authority on June 18, 2003. He apologized for the late submission of the information and also requested for a lenient view in this respect.
5. The Authority considered all the aspects of the case and held that the default was wilful. It therefore, ordered for imposing a penalty of Rs.20,000 (Rupees twenty B thousand only) under section 19(1)(a) of the MRTPO, 1970 on the Undertaking. The penalty shall be paid within a month from the date of the order.