The Registrar of Companies (ROC), Patna passed an adjudication order under Section 454 of the Companies Act, 2013 for violation of Section 12(8) relating to maintenance of a registered office. During an inspection conducted on 17.07.2025, the Inspecting Officer physically verified the company’s registered office and found that the company was not maintaining its registered office at the address recorded with the Registrar, thereby violating Section 12 of the Companies Act, 2013. A notice for e-adjudication was issued on 13.03.2026 and a hearing was scheduled on 21.05.2026, but neither the company nor its managing director appeared or submitted any representation. Considering the continuing default and absence of compliance, ROC imposed the maximum penalty of Rs. 1 lakh each on the company and its managing director under Section 12(8). The order further directed rectification of the default and payment of penalty within 90 days, while also granting the right to appeal before the Regional Director, Kolkata.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Patna
ROC-cum-Official Liquidator, Ministry Of Corporate Affairs, High Court Of Patna, Maurya Lok Complex, Block “A” 4th Floor, Dak Bungalow Road, Patna, Bihar, India, 800001
Phone: 0612-2950121
E-mail: roc.patna@mca.gov.in
Order ID: PO/ADJ/05-2026/PT/02252 | Dated: 21/05/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 12(8) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 698(E) dated 10/02/2026 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 [herein after known as Act] read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
B. Company details:
In the matter relating to SHG MUTUAL BENEFITS NIDHI LIMITED [herein after known as Company] bearing CIN U74999BR2016PLC032131, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O SATISH KUMAR, YADAV MARKET BITHAN ROAD NA HASANPUR BAZAR SAMASTIPUR BIHAR INDIA 848205
Individual details:
In the matter relating to SATISH KUMAR___________
C. Provisions of the Act:
If any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee – The provisions of section 12 of the Companies Act, 2013 states that A company shall, within thirty days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it.
Section 12(8) of the Companies Act, 2013 states that If any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees
During the course of inspection, the I.O. had conducted the physical verification of the subject company on 17.07.2025 and after verification, it was found that the Company is not maintaining its registered office at the specified registered address in accordance with the provisions of Section 12 of the Companies Act, 2013. Hence there is a violation of Section 12 of the Companies Act, 2013.
2. This office has issued notice for e adjudication on 13.03.2026, thereafter hearing was scheduled on 21.05.2026, however, none appeared on the said date and no representation has been received in this office. Hence it appears that the company and its managing director has defaulted the provisions of section 12 of the Companies Act, 2013.
E. Order:
No one appeared on the date of hearing and no representation has been received in this office. Also the company is not maintaining its registered office. Hence, penalty imposed as per provision of section 12 of the Companies Act, 2013.
The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person on whom penalty imposed (B) | Rectification of Default required (C) | Penalty Amount (D) | Additional Penalty (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Maximum limit for Penalty (F) |
| 1 | SHG MUTUAL BENEFITS NIDHI LIMITED having CIN as U74999BR2016P LC032131 | 100000 | 0 | 100000 | |
| 2 | SATISH KUMAR having DIN as 07490030 | 100000 | 0 | 100000 |
3. The notified officers in default/noticee shall rectify the default mentioned above and pay the penalty, so applicable within 90 days of receipt of the order.
4. The notified officers in default/noticee shall pay the penalty amount via ‘e-Adjudication’ facility which can be accessed through the respective login IDs on the website of Ministry of Corporate Affairs and upload the copy of paid challan / SRN of e-filing (if applicable) on the ‘e-Adjudication’ portal itself. It is also directed that the penalty so imposed upon the officers in default shall be paid from their personal sources/income.
5. Appeal against this order may be filed in writing with the Regional Director, RD Kolkata within a period of sixty days from the date of receipt of this order, in Form ADJ setting for the grounds of appeal and shall be accompanied by a certified copy of this order [Section 454 (5) & 454 (6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014].
6. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Dr Rameshkumar,
Registrar of Companies
ROC Patna
