Registrar of Companies issued show cause notice under section 12 of the Companies Act 2013, vide letter no. ROC/PAT/SCN/Sec.12/40100/2209-2211 dated 05.12.2022 to the company and its officers/managing director but no reply has yet been received from them, however letter addressed to the company return undelivered with the postal remark “Item Returned Addressee cannot be located”. Hence, it appears that the provisions of Section 12 of the Companies Act, 2013 has been contravened by the company and its officers/managing director and therefore they are liable for penalty u/s 12(8) of the Companies Act, 2013.
As per Section 12 A company shall, on and from the thirtieth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be prescribed.
It is observed that company is a small company so benefits of small company is extended to this company while adjudicating penalty.
Having considered the facts and circumstances of the case and after taking into account the provisions of Rule-11 of Companies (Adjudication of Penalties) Rules, 2014 (as amended), I hereby impose a penalty of Rs. 25,500 (Twenty-five Thousand Five Hundred) on the company and Rs. 25,500 (Twenty-five Thousand Five Hundred) each on the 2 (two) directors/officers in default of the company as per Table below under section 12(8) of the Act r/w. section 446B of the Companies Act, 2013 for failure in compliance of section 12(1) and 12(4) of the Companies Act, 2013.
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies, Bihar-Cum-Official Liquidator, High Court, Patna
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
Order No.: ROC/S-12/BR/40100/2374-2377 Dated: 04.01.2023
Order for penalty for violation of section 137 of the Companies Act, 2013
HOTEL HOLY CREST BODHGAYA PRIVATE LIMITED
ON: U74900BR2014PTCO22431
Appointment of Adjudication Officer:-
1. The Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/2014- Ad.II dated 24.03.2015 has appointed the undersigned as Adjudicating Officer in exercise of the powers conferred under 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.
Company:-
2. Whereas, Company M/s. Nistro Enterprises Private Limited, CIN: U45202BR2018PTC040100 (herein after known as Company) is a registered company with this office under the provisions of the companies Act, 2013/1956 (or previous Acts in force, as applicable) having its registered office situated at 1011, Club Road, Ajmer Nagar, Chitragupt Nagar, Ward No 20, Near Lord Buddha Public School, Aurangabad, Bihar, 824101, India as per MCA website.
Facts about the case:-
3. WHEREAS office of the Registrar of Companies, Bihar-cum-Official Liquidator, High Court, Patna, has issued a letter dated 10.11.2022 to the company and its directors for comments on the complaint made by Shri Md. Israr Adam; the said letter returned undelivered in this office with postal remarks “Insufficient Address”. Therefore, it appears that the company is not maintaining registered office as required under section 12(1) of the Companies Act, 2013.
4. Whereas, this office has issued show cause notice under section 12 of the Companies Act 2013, vide letter no. ROC/PAT/SCN/Sec.12/40100/2209-2211 dated 05.12.2022 to the company and its officers/managing director but no reply has yet been received from them, however letter addressed to the company return undelivered with the postal remark “Item Returned Addressee cannot be located”. Hence, it appears that the provisions of Section 12 of the Companies Act, 2013 has been contravened by the company and its officers/managing director and therefore they are liable for penalty u/s 12(8) of the Companies Act, 2013.
5. Sections 12(1), 12(4) and 12(8) are reproduced as under:-
Section 12(1) – “A company shall, on and from the thirtieth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be prescribed”.
Section 12(4) – “Notice of every change of the situation of the registered office, verified in the manner prescribed, after the date of incorporation of the company, shall be given to the Registrar within thirty days of the change, who shall record the same”.
Section 12(8) – If any default is made in complying with the requirement 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 latch rupees”.
6. Further Section 446B states that “if penalty is payable for non-compliance of any of the provisions of this Act
by a One Person Company, small company, start-up company or Producer Company, or by any of its officer in default, or any other person in respect of such company, then such company, its officer in default or any other person, as the case may be, shall be liable to a penalty which shall not be more than one-half of the penalty specified in such provisions subject to a maximum of two lakh rupees in case of a company and one lakh rupees in case of an officer who is in default or any other person, as the case may be”.
7. As per clause 85 of section 2 of the Companies Act, 2013, small company means a company whose paid up capital and turnover shall not exceed rupees four crave and rupees forty crore respectively. As per MCA portal, paid up capital of the company- Nistro Enterprises Private Limited is Rs. 500,000.00 and turnover of the company is Rs. 50,32,944.00 as per Financial Year 2021-2022. Therefore, the benefits of small company is extended to this company while adjudicating penalty.
ORDER
8. Having considered the facts and circumstances of the case and after taking into account the provisions of Rule-11 of Companies (Adjudication of Penalties) Rules, 2014 (as amended), I hereby impose a penalty of Rs. 25,500 (Twenty-five Thousand Five Hundred) on the company and Rs. 25,500 (Twenty-five Thousand Five Hundred) each on the 2 (two) directors/officers in default of the company as per Table below under section 12(8) of the Act r/w. section 446B of the Companies Act, 2013 for failure in compliance of section 12(1) and 12(4) of the Companies Act, 2013.
|
Nature of default |
Violation under Comp-anies Act, 2013 |
Name of person on whom penalty imposed |
No. of day s of default
* |
Per day Penal ty for default
(Rs) |
Total Penalty (Rs.) (maximum of one lalch rupees) | Final Penalty Imposed (Rs.) (As per section Section 446B: penalty shall not be more than one half of the penalty specified in such sections) |
| Non- Maintena nce of registered office |
Section 12(1) of the Companie s Act, 2013 | On Company | 51 | 1000 | 51’1000=51,000 | 25,500 |
| Shri Neyaz Ahmad | 51 | 1000 | 511.000=51,000 | 25,500 | ||
| Shri Ahmed | 51 | 1000 | 51*1000=51,000 | 25,500 | ||
| Raza |
[*No of days have been calculated from 14.11 2022 (date of item returned) till 03.01.2023 (date of order)]
9. The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website www.mcagovin) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office.
10. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on Ministry website www.mca.gov.in) setting forth 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).
11. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.
(Aparajit Barua)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna
