The Regional Director, Eastern Region, Ministry of Corporate Affairs, Kolkata, heard an appeal filed by CA Vijay Bora of M/S. Doogar & Associates against a penalty order issued by the Registrar of Companies (ROC), West Bengal. The appeal, filed under Section 454(5) of the Companies Act, 2013, contested a penalty imposed for violating Section 143 of the Act. The ROC, West Bengal, had issued an adjudication notice to CA Vijay Bora regarding three instances of Section 143 violations during the financial year 2014-15, but no response was received from the auditor. Consequently, a penalty of Rs. 1,50,000 (Rupees One Lac Fifty Thousand Only) was imposed on CA Vijay Bora.
The appeal was heard on May 5, 2025, with Shri Mohit Surtani, Practicing Company Secretary, representing the appellant. The authorized representative reiterated the contents of the appeal application. After reviewing the submissions, the Regional Director found no grounds to modify or set aside the original penalty order dated July 31, 2023. Exercising the powers vested under Section 454(7) of the Companies Act, 2013, the Regional Director confirmed the penalty imposed by the ROC, West Bengal. CA Vijay Bora is directed to pay the penalty amount from his own funds within 90 days of receiving the order. Failure to deposit the penalty within the stipulated time will result in further action under Section 454(8)(ii) of the Companies Act, 2013. The appeal has been disposed of.
Application No. RD/ER/454/31/23/Appeal/2506-08
BEFORE THE REGIONAL DIRECTOR, EASTERN REGION
MINISTRY OF CORPORATE AFFAIRS, KOLKATA.
IN THE MATTER OF
THE COMPANIES ACT, 2013
-AND-
IN THE MATTER OF
CA Vijay Bora (M. No. _____)
M/S. Doogar & Associates, Chartered Accountants
304, Dalamal Tower, Nariman Point, Mumbai
400021, Maharashtra.
of company namely M/s. Maheep Marketing Pvt Ltd (CIN: U51909WB1994PTC065456)
-AND-
IN THE MATTER OF
Application under section 454(5) of The Companies Act, 2013 for preferring an appeal against the penalty order dated 31/07/2023 of the Registrar of Companies, West Bengal passed for violating the Provisions of Section 143 of the Companies Act, 2013.
-AND-
CA Vijay Bora (M. No. )
M/S. Doogar & Associates, Chartered Accountants
304, Dalamal Tower, Nariman Point, Mumbai
400021, Maharashtra.
……………… APPELLANTS
Present : Shri Mohit Surtani, Ld Practicing Company Secretary and Authorized Representative on behalf of the Appellant.
Appellant
Date of Hearing : 05.05.2025.
ORDER
1. The present appeal has been preferred under section 454(5) of the Companies Act,2013 read with the provisions of the Companies (Adjudication of Penalties) Rules, 2014 vide Form ADJ bearing SRN no. F67067819 dated 11/10/2023 against the penalty order dated 31/07/2023 for violation of Section 143 of the Companies Act, 2013 passed by the Adjudicating Authority i.e. Registrar of Companies, Kolkata, West Bengal dated 31/07/2023 communicated to the appellant vide letter no. ROC/ADJ/2023/065456/4018H dated 07/08/2023. The appeal was filed within 60(sixty) days as per Section 454(6) of the Companies Act, 2013.
2. As per the aforesaid adjudication order of the of Registrar of Companies, West Bengal, has issued Adjudication notice for violation of section 143 of the Act vide letter no. LEGAL/ADJ /2023/065456 dated 30/01/2023 to the said Auditor. In this regard, no reply was received by the ROC, West Bengal, from the Auditor for the aforesaid Adjudication notice.
3. Considering the above facts and circumstances of the case, the Adjudicating Authority had imposed a penalty for violation of Section 143 of the Act as under:
| Name of the Auditor | F.Y | Amount of Default (in Rs.) | Total maximum Penalty (in Rs.) |
| CA VIJAY BORA (M. NO. 102675)
M/S. DOOGAR & ASSOCIATES (3 INSTANCES) |
1.2014-15
3. 2014- 15 6. 2014- 15 |
a) Rs. 10,000/-
b) Rs. 1,000/- Each day for continuing failure. Maximum Penalty = Rs. 50,000 Total= Rs. 50,000 * 3 = Rs. 1,50,000/- |
1,50.000/- |
4. Having considered the facts and circumstances of the case and after taking into account the fact stated above, ROC, Kolkata imposed a penalty of Rs. 1,50,000 / – (Rupee One Lacs Fifty Thousand Only) on the concerned Auditor, i.e., CA Vijay Bora (M. No. 102675) M/ s. Doogra & Associates, Chartered Accountants pursuant to Rule 3(12) of the Companies (Adjudication of Penalties) Rules, under Section 143 of the Act, for failure to make compliance of the provision of section 143 of the Companies Act, 2013.
5. The appeal was heard on 05 / 05/ 2025. The Authorised Representative as asked to make submission regarding any infirmity in the order of the Registrar of Companies. The Authorised Representative reiterated the contents of the Application. In terms of Section 454(7) of Companies Act, 2013, the undersigned has the power to confirm, modify or setting aside the Adjudication order. After hearing the Authorised Representative no ground is made out to interfere in the order dated 31/07/2023.
6. The undersigned by virtue of the power vested under section 454(7) of the Companies Act, 2013 read with the Companies (Adjudication of Penalties) Rules, 2014 confirms the order of the Registrar of Companies, West Bengal dated 31/07/2023.
7. The Auditor of the company shall pay the amount of penalty from out of his own pocket. The amount of penalty shall be paid within a period of 90 days from the date of receipt of the copy of the order.
8. Further, if the Auditor fail to deposit the penalty amount within the prescribed time limit, action under section 454(8) (ii) of the Companies Act, 2013 shall be initiated against the Auditor.
9. The instant Appeal stands disposed of accordingly.
(Rakesh Tiwari)
REGIONAL DIRECTOR (ER)
Signed this the 10th day of June, 2025.
