Company not mentioned Telephone number with Full address on its Letterhead: MCA imposes Penalty – The Registrar of Companies, Madhya Pradesh, issued an order imposing penalties on M/S Feranbraj Toll and Highway Pvt Ltd and its directors for failing to include a telephone number with their full address on the company’s letterhead, violating Section 12(3)(c) of the Companies Act, 2013. Despite receiving notices, the company and its directors did not reply or appear for the hearing. As a result, the matter proceeded ex-parte. A penalty of Rs. 1,000 each was imposed on the company and its directors for the violation, totaling Rs. 3,000. 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 — 474 009.
E-mail- roc.gwalior@mca.gov.in
Telephone No. :- 2321907 : 2631853
Order No. ROC-Gwalior/Adj-Penalties/Order/2021/ 1183 to 1186 Dated 8 SEP 2021
In the matter of Companies Act, 2013
And
In the matter of adjudication proceeding under Sub-section (3)(c) of section 12 of the Companies Act, 2013.
And
In the matter of M/S FERANBRAJ TOLL AND HIGHWAY PRIVATE LIMITED
(CIN: U45100MP2017PTC042923)
1. FERANBRAJ TOLL AND HIGHWAY PRIVATE LIMITED
GRAM – BADHUA, POST – BHAPEL, TAHSIL — SAGAR,
MADHYA PRADESH,470120, INDIA
2. PHERAN CHADAR, (DIRECTOR)
3. RADHELAL CHADAR, (DIRECTOR)
…Respondent
Date of Hearing: On of September, 2021
Appointment of Adjudicating Officer
1. The Ministry of Corporate Affairs vide its gazette notification no 05.831(E) dated 24.03.2015, has appointed the undersigned as Adjudicating Officer(A0) in exercise of the powers conferred by section 454 of the Companies Act, 2013 (hereinafter known as Act) read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
Company
2. Whereas, M/s FERANBRAJ TOLL AND HIGHWAY PRIVATE LIMITED (Earlier Known as UNISAIF HEALTHCARE PRIVATE LIMITED) (hereinafter referred to as the company) is a company registered under the provisions of the companies Act, 2013 in the state of Madhya Pradesh and having its registered office situated at Gram – Badhua, Post – Bhapel, Tahsil — Sagar, Madhya Pradesh-470120, India.
Facts of the case
3. Whereas during the examination of Form MGT-14 vide SRN R42881979 dated 23/06/2020, it is observed from the copy of Board resolution dated 01/06/2020, that the company had not mentioned telephone number, fax number in its letter head. Therefore, the provisions of the Section 12(3)(c) of the Act, have been contravened and the company and every officer of the company who is in default as the case may be, have rendered themselves liable for penal provisions u/s 12(8) of the Act. Subsequently, this office had issued Show Cause Notice for violation of Section 12(3)(c) of the Companies Act, 2013 vide letter no. ROC-G/SCN/12/F ITIPL/2021/441 to 443 dated 23.06.2021 to the Company and its officers in default. The company and its officers in default have not replied for the said notice.
4. Thereafter, “Notices for Inquiry” vide No. RoC-Gwalior/Adj.Penalties/12(3)/NOI/2021/1042 to 1044 dated 26.08.2021 were issued to the Company and its officers in default as per [Rule 3(3), Companies(Adjudication of Penalties) Rules 2014] and the date of hearing was fixed on 08.09.2021 at 02:30 PM in the Office of Registrar of Companies, Madhya Pradesh, Sanjay Complex, A block-III floor, Jayendraganj, Gwalior.
5. None of the representative of the Company or Directors have appeared on the date so fixed. Hence as per Rule 3(8), Companies (Adjudication of Penalties) Rules 2014, the matter is being proceeded with in the absence of such persons (ex-parte).
Order
6. Having Considered the facts and circumstances of the case and after taking into account the factors above, during the examination of form MGT-14 vide SRN R42881979 dated 23/06/2020, it was observed from the copy of Board resolution dated 01/06/2020 and Special resolution passed in EOGM dated 19/06/2020 attached with e-form that the company has not mentioned complete address alongwith telephone number in its letter head. Therefore, the provisions of the Section 12(3)(c) of the Act, have been contravened and the company and every officer of the company who is in default as the case may be, have rendered themselves liable for penal provisions u/s 12(8) of the act in company namely M/S FERANBRAJ TOLL AND HIGHWAY PRIVATE LIMITED.
7. 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 | Penalty for default mentioned in section 12(8) Of the Act. | Final Penalty imposed | |
| Per day Penalty for default. | Maximum penalty | |||
| Non compliance of Sec.12(3) (c). | On Company | 1,000/- | 1,00,000 | 1,000/- |
| Mr. Pheran Chadar, (Director) | 1,000/- | 1,00,000 | 1,000/- | |
| Mr Radhelal Chadar, (Director) | 1,000/- | 1,00,000 | 1,000/- | |
I am of this opinion that penalty is commensurate with the aforesaid failure committed by the Noticee 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
8. 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 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 (Adjudicating of Penalties) Rules, 2014).
9. 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 lakh rupees or both.
10.In terms of the provisions of sub-rule (9) of Rule 3 of the Companies (Adjudication of Penalties) Amendment Rules, 2019, copy of the order is being sent to M/s FERANBRAJ TOLL AND HIGHWAY PRIVATE LIMITED (Earlier Known as UNISAIF HEALTHCARE PRIVATE LIMITED) Gram – Badhua, Post – Bhapel, Tahsil — Sagar Madhya Pradesh,470120, Indiapheran Chadar, (Director), Indiaradhelal Chadar, (Director) and Regional Director (NWR), Naranapura, Ahmedabad and will also be uploaded on MCA Website.
The adjudication notice stands disposed off with this order.
(Rajpa Singh)
Registrar of Companies & Adjudicating officer,
Madhya Pradesh, Gwalior.
Signed on this 08th day of September, 2021.
Place: Gwalior, Madhya Pradesh.
