ROC Ahmedabad imposed penalty of 6,00,000 on Company and Directors for not mentioning DIN in the Financial Statements
NO.ROC-GUJ/ADJ-Order/Section 454/STA (V)/2021-22/4454 to 52
Dated:08 Sep 2022
BEFORE THE ADJUDICATING OFFICER
REGISTRAR OF COMPANIES, GUJARAT, DADRA & NAGAR IIAVELI
IN THE MATTER OF ADJUDICATION Of PENALTY UNDER SECTION 434 (3) OF THE COMPANIES ACT 2013 READ WITH RULE 3 OF THE COMPANIES (ADJUDICATION OF PENALTIES) RULES, 2014 FOR VIOLATION OF SECTION 158 OF THE COMPANIES ACT, 2013
IN THE MATTER OF M/S. PREMIER SOLUTION PRIVATE LIMITED
Date of hearing- 01,09.2022
1. Shri R.C. Mishra (ROC), Adjudicating Officer
2 Mr. Indrajit Vania (DROC), Presenting Officer
Company/ Officers/Directors/K MP/Authorized Representative: Mr. Chirag Shah, Representative of Company/Directors
Appointment of Adjudication Authority:-
1. The Ministry of Corporate Affairs vide its Gazette Notification No. A42011/112/2014-Ad.!! 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 (hereinafter known as Act) read with Companies (Adjudication of Penalties) Rules, 2014 (Notification No GSR 254(E) dated 31.03.2014) for adjudging penalties under the provisions of Act.
2 M/s Premier Solution Private Limited (herein after referred to as ‘company”) is a company having its registered office at “Universal House, 50/A-1 Shreekunj Society, Alkapuri, Vadodara, Gujarat, 390007, India” registered under the provisions of the Companies Act, 1956. The CIN of the Company is U93000GJ2008PTC053827.
Fact about of the case
3. Ld. Regional Director, NWR, Ministry of Corporate Affairs, Ahmedabad vide letter No. RD (NWR)/ 230-232/(496)/2021/479 dated 29.04.2022 has informed to ROC, Ahmedabad that 0/o ROC, Ahmedabad has pointed out certain violations and noncompliance of the companies Act, 2013 by both the petitioner companies In ROC’s report dated 26.10.2021. In the matter of Scheme of Amalgamation of Premier Solution Private Limited with D.J. Shah Investment Finance Private Limited and their respective shareholders and creditors in CA(CAA) No. 31 of 2021. Directorate has further instructed to this office that it is observed from last three years financial statements filed by Transferor and transferee company that both companies have not mentioned DIN therein in accordance with section 1511 of the Companies Act, 2013. Thus, the Transferor and Transferee company have violated the provisions of the Section 158 of the Companies Act, 2013. In this regard, Directorate has instructed to take necessary action for violation of Section 158 of the Companies Officer(s) for the relevant period of default. This issue also agreed by the Id. PCS/representative of the Company.
1. Having considered the facts and circumstances of the case and submissions made by the Presenting Officer and oral submission made by Ld. PCS and after taking into accounts the factors above, I hereby imposed following penalty on company and its directors as prescribed under Section 172 01 the Companies Act, 2013 for violation of section 158 of the Companies Act. 2013, I am of the opinion that penalty Is commensurate with the aforesaid failure committed by the Noticees:
2 The noticee shall pay the amount of penalty individually for the company and its officers from their personal sources/income by way of e-payment available on Ministry website www.mca.govan under “Pay miscellaneous fees” category in MCA fee and payment Services under Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019 within 60 days from the date of receipt of this order and copy of this adjudication order and Challan/SRN generated after payment of penalty through online mode shall he filed in 1NC-28 under the MCA portal without further reference.
3. Appeal against this order may be filed in writing with the Regional Director. North Western Region, Ministry of Corporate Affairs. ROC BHAVAN, OPP. RUPAL PARK. NR. ANKUR BUS STAND. NARANAPURA, AHMEDABAD (GUJARAT)-380013 within a period of sixty days from the date of receipt of this order, in Form AD) setting forth the grounds of appeal and shall be accompanied by the certified copy of this order. (Section 454(5) & 454(6) of the Companies Act, 2013 read with the Companies (Adjudicating of Penalties) Rules, 2014 as amended by Companies (Adjudication of Penalties) Amendment Rules. 20191.
4. Your attention is also invited to Section 454(8)(i) and 454(8) (ii) of the Companies Act, 2013, which state that in case non-payment of penalty amount, the company shall be punishable with line which shah not less than Twenty Five Thousand Rupees but which may extend to Five Lakhs Rupees and officer in default shall be punishable with Imprisonment which may extend to Six months or with fine which shall not be less than Twenty Five Thousand Rupees by which may extend to one Lakhs Rupees or with both.
The adjudication notice stands disposed of with this order.
REGISTRAR OF COMPANIES &
MINISTRY OF CORPORATE AFFAIRS
GUJARAT,DADRA & NAGAR AFFAIRS
GUJARAT,DADRA & NAGAR HAVELI