Registrar of Companies, Karnataka
Kendriya Sadan, 2nd Floor, `E’- Wing,
Koramangala, Bengaluru – 560 034
E-mail ID :roc.bangalore@mca.gov.in
F.No.ROCB/ Adj.454/Co.No.004845 /Section 12(3)(c)/2022(SRN 100078591) Date: 16.11.2022
ORDER OF ADJUDICATION OF PENALTY UNDER SECTION 454 OF COMPANIES ACT 2013 READ WITH RULE 3 OF THE COMPANIES (ADJUDICATION OF PENALITES) RULES 2014 FOR VIOLATION OF PROVISIONS OF SECTION 12(3)(c) OF THE COMPANIES ACT 2013 BY SUSHRUTA MEDICAL AID AND RESEARCH HOSPITAL LIMITED
1 Whereas the company, SUSHRUTHA MEDICAL AID AND RESEARCH HOSPITAL LIMITED was incorporated on 08.07.1982 under the jurisdiction of Registrar of Companies, Bangalore.
2 Whereas as per Section 12(3)(c) of the Companies Act, 2013, “every company shall get its name, address of its registered office and Corporate Identity Number along with telephone number, fax number, if any, e mail and website addresses, if any, printed in all its business letters, bill heads, letter papers, and in all its notices and other official publications.
3 As per Section 12(8) of the Companies Act 2013, if any default is made in complying with the provisions of Section 12, the Company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which default continues but not exceeding one Iakh rupees.
4 Whereas the company has filed its adjudication application on 03.06.2022. The company in its application has submitted that the CIN was not printed in the company’s business letters, bill heads etc. upto 2021. Hence the company has violated the provisions of Section 12(3)(c) of Companies Act, 2013. Thereafter, the Company has noticed the default and taken necessary steps to rectify the same and got the CIN printed on its Letterheads and other official communications.
5 Whereas the hearing was held on 19.10.2022 Ms. Sumana Rao, Practising Company Secretary being authorized representative appeared on behalf of the company and its Directors and made her submissions. She was directed to submit written submissions. The same was submitted to this office vide letter dated 26.10.2022.
6 In view of submissions made by the authorized representative and offence been made good, the undersigned, in exercise of the powers vested under Section 454(3) of Companies Act 2013 read with Rule 3 (11) of the Companies (Adjudication of Penalties) Rules, 2014, hereby impose penalty on the company and its Managing Director and Whole time Directors as under:-
| S.No. | Particulars | Period of default w.e.f. 01.04.2014 upto 2021 | Penalty imposed (Rs.) |
| 1 | SUSHRUTA MEDICAL AID AND RESEARCH HOSPITAL LIMITED | 7 years | 1,00,000/- |
| 2 | Shri Mayasandra Subramanya Narasimha Prasad, Managing Director |
7 years | 1,00,000/- |
| 3 | Shri Manoor Udaya Kumar, Wholetime Director (till 7.9.2021) | 7 years | 1,00,000/- |
| 4 | Shri Shekhar Sadanand, Wholetime Director (till 01.10.2019) | 7 years | 1,00,000/- |
| 5 | Shri Sooda Hemachandra Shetty, Wholetime Director | 7 years | 1,00,000/- |
| Total | 5,00,000/- |
Further it is directed that the above persons they shall pay the penalty through their own sources through MCA 21 portal within 60 days from the date of receipt of this order. The company is instructed to file Form INC-28 as per provisions of the Act attaching copy of the Adjudication order and payment challans.
7 Whereas sub-section (5) of section 454 of the Companies Act, 2013 provides that any person aggrieved by an order made by the adjudicating officer under sub-section (3) may prefer an appeal to the Regional Director having jurisdiction in the matter and further sub-section (6) provides that every appeal under sub-section (5) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person and shall be in such form, manner and be accompanied by such fees as may be prescribed.
8 Please note that as per Section 454(8)(i) of the Companies Act 2013, where a company fails to comply with the order made under sub-section (3) or sub-section (7) as the case may be, within a period of ninety days from the date of the receipt of the copy of the order, the company shall be punishable with fine which shall not be less than twenty five thousand rupees but which may extend to five lakh rupees.
9 Please note that where an officer of a company or any other person who is in default fails to comply with the order made under sub-section (3) or sub-section (7), as the case may be, within a period of ninety days from the date of receipt of the copy of the order, such officer shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than twenty five thousand rupees but which shall not be less than twenty five thousand rupees but which may extend to one lakh rupees or with both.
10 Further, in case of default in payment of penalty, prosecution will be filed U/s 454(8)(i) and (ii) of the Companies Act 2013 without further notice.
(SANJAY SOOD)
REGISTRAR OF COMPANIES
KARNATAKA
