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Without prejudice to any liability incurred under
the provisions of this Act or any other law for the time being in force, where a company is required to restate
its financial statements due to fraud or non-compliance with any requirement under this Act and the
rules made thereunder, the company shall recover from any past or present managing director or wholetime
director or manager or Chief Executive Officer (by whatever name called) who, during the period for
which the financial statements are required to be re-stated, received the remuneration (including stock
option) in excess of what would have been payable to him as per restatement of financial statements.
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