The Registrar of Companies, Madhya Pradesh, issued an adjudication order imposing penalties on RSUN Pharma Pvt Ltd and its directors for not mentioning the company’s CIN, address, and name on its letterhead, violating Section 12(3)(c) of the Companies Act, 2013. Despite receiving notices, the company and its directors failed to appear, leading to an ex-parte proceeding. A penalty of Rs. 2,000 each was imposed on the company and its directors for the violation, totaling Rs. 6,000. Appeals against the order can be filed within sixty days. Failure to pay the penalty may result in fines or imprisonment as per the Act. The order was sent to concerned parties and will be uploaded on the MCA website.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
Office of The Registrar of Companies, Madhya Pradesh
Sanjay Complex, ‘A’ Block, 3rd Floor,
Jayendraganj, Gwalior — 414009.
No. ROC-G/Adj-Penalties/Order/2023/1975 to 1978 Dated: 18 JAN 2023
In the matter of Companies Act, 2013
And
In the matter of adjudication proceeding under Sub-section (3) of sectlonl2 of the
Companies Act, 2013,
And
In the matter of RSUN PHARMA PRIVATE LIMITED
(CIN: U52310MP2020PTC0512221
1. M/s RSUN PHARMA PRIVATE LIMITED
12/190, Near Ram Janki Manciir: Hama DI,
Chhatarpur, Madhya Pradesh, 471 001, India.
Email: [email protected],
2.. Mr, VIKASII RAWAT,(DIRECTOR)
3. Mr. PRASRANT ARJARIYA (DIRECTOR)
…….Respondent
Date of Order: 18-01.2023
Appointment of Adjudicating Officer
1. The. Ministry of Corporate Affairs vide its gazette notification no A-42011/112/2014-Ad.11 dated 24.03.2015 appointed the undersigned as Adjudicating Officer(A0) 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;
Company
2. Whereas, Company RSUN PHARMA PRIVATE. LIMITED having CIN: U52310MP2020PTC051222,, (herein after referred to as “company”) is a registered company with this office under the provisions of Companies Act, 1956 having its registered office situated at 12/190, Near Ram Janki Mandir, Hama DI, Chhatarpur, Madhya Pradesh, 471 001,. India, as per the MCA website.
Facts of the case
3. Whereas this office had received a letter from the 0/o RD(NWR) with information that letter received on 04.05.2022 from RSUN PHARMA PRIVATE LIMITED has not mentioned CIN, name of company, address of registered office, etc, and has violated the provision of section 12(3)(c) of the. Companies Act, 2013. Thus, it appears that the Company has’ violated Section 12(3) of Act which attracted penal provisions of Section 12 (8) of the Companies. Act, 2013.
4. Accordingly, this office had issued show cause notice for violation of section 12(3) of the Companies Act, 2013 to the company and its officer who is in default vide letter no, ROC-G/Adj.PeniSec-12(3)/2022/1141-1143 on 05.09.2022 and the show cause notice addressed to the company.
Thereafter, “Notices of Inquiry”, vide letter No.. RoC-G/Adj.PertiSee,12(3)/2022/1859-1861 dated 30.12.2022 were issued to the Company and its officer who is in default as per [Rule 3(3), Companies (Adjudication. of Penalties) Rules 20141 and the date of hearing was fixed on 10.01.2023 at 02.30 P:M in the Office of Registrar of Companies, Madhya Pradesh, Sanjay Complex, A block-III floor, Jayendraganj, Gwalior, Madhya Pradesh. Nonrepresentative of the Company or Directors have appeared on the date so fixed. Further, company has submitted its reply dated 03.01.2023, which is received on 05.01.2023. Reply has not mentioned CIN, name of company, address of registered office, etc. and has violated the provision of section 12(3)(c) of the Companies Act, 2013.
6. Nonrepresentative of the Company or Directors have appeared on the date so fixed. As no one appeared from the company/ officer who is in default the matter was adjourned for any further representation from the Company, As„ no one appeared, Hence, as per Rule 3(8), Companies (Adjudication of Penalties) Rules, 2014, the matter is being proceeded today i.e., 18.01.2023 (ex-parte).
Order
7. Having Considered the facts and circumstances of the case and after taking into account the factors above, that letter received. on 04,052022 and 05.012023 from RSUN PHARMA PRIVATE LIMITED has not mentioned CIN, name of company, :address of registered office, etc, and has violated the provision of section 12(3)(c) of the Companies Act, 2013, Thus, it is concluded that the Company and its officers in default are liable for penalty as prescribed under Section 12(8) of the Act for violation of section 12(3)(c) of the Act.
8. Accordingly, I am inclined to impose a penalty as prescribed under Sub-section (8) of Section 12 of the Companies Act, 2013. The details of the penalty imposed on the company and officers in default are shown in the table below:
| Nature of Default | Relevant section under the Companies Act, 2013 | Name of persons on whom penalty is imposed | No. of days of default |
Per day penalty for default (Rs.) | Total default amount (Rs.) | Maximum Penalty (Rs.) | Final Penalty imposed (Rs.) |
| Company letter head is not having viz, name, address of its registered office, CIN, telephone & fax no., e- mail etc. |
S.12(3) | On Company | 2 | 1,000 | 2,000 | 1,00,000 | 2,000 |
| Mr. Vikash Rawat, (Director) | 2. | 1,000 | 2,000 | 1,00,000 | 2,000 | ||
| Mr. Prashant Arjariya (Director) | 2 | 1,000 | 2,000 | 1,00,000 | 2,000 |
I am of this opinion that penalty is commensurate with the aforesaid failure committed by the Notice and penalty so imposed upon the Officers-in-default shall be paid from their personal sources/ income. It is further directed that penalty imposed shall be paid through the Ministry of Corporate Affairs portal only as mentioned under Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019 under intimation to this office.
9. Appeal against this order may be filed in ,writing with the Hon’ble Regional Director (NWR), Ministry of Corporate. Affairs, Ahmedabad within a period of sixty days front the date of receipt of this order, in. Form AIM (available on Ministry website www.mpa.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 (Adjudicating of Penalties) Rules, 2014),
10. Your attention is also invited to Section 454(8)(i) and 454(8)(ii) of the Companies Act, 2013, which state that in case of non-payment of penalty amount, 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 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 but which may extend to one With rupees or both.
11. In Terms of The Provisions Of Sub-Rule (9) Of Rule 3 Of The Companies (Adjudication Of Penalties) Rules, 2014, copy of the order is being sent to RSUN PHARIVIA PRIVATE LIMITED, 12/190, Near Ram Janki Mandir, Hama DI, Chhatarpur, Madhya Pradesh, 471 001, India, Mr. Vikash Rawat, (DIRECTOR), Mr. Prashant Arjariya, (DIRECTOR), and Regional Director (NWR), Naranapura, Ahmedabad and will also be Uploaded On MCA Website,
The adjudication notice stands disposed off with this order.
(Mukesh Kumar Soni)
Registrar of companies, (I/C) & Adjudicating officer,
Madhya Pradesh, Gwalior.
Signed on this 18th day of January, 2023:
Place: Gwalior, Madhya Pradesh.
