Registrar of Companies (ROC), Mumbai, issued an adjudication order under Section 454 of the Companies Act, 2013, in the matter of Dystar India Private Limited and its officer, Ms. Kavita Saurabh Chube, concerning alleged non-compliance with Section 12(3)(a) of the Act. An inspection carried out in February 2024 observed that the company had not displayed its registered office address as required. A show cause notice was issued in June 2025 to both the company and its officer. The company denied the violation, providing photographic proof of the signage and supporting invoices. An e-hearing was held in July 2025, during which Ms. Chube demonstrated compliance with the provision. Upon reviewing the documents and hearing submissions, the Adjudicating Officer found that the company had, in fact, displayed the required signage and was therefore not in default. Consequently, no penalty was imposed on either the company or its officer. The order, however, reiterated that penalties under Section 12(8) could amount to ₹1,000 per day, subject to a maximum of ₹1 lakh, in case of proven violations. The parties were informed of their right to appeal before the Regional Director within 60 days. The order highlights the compliance requirements under Section 12 regarding the display of registered office details and the adjudication process followed under Section 454 of the Act.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Mumbai
Registrar Of Companies, 100, Everest, Marine Drive, Mumbai, Maharashtra, India, 400002
Phone: 022-22812627,022-22812645, E-mail: roc.mumbai@mca.gov.in
Order ID: PO/ADJ/09-2025/MB/00642 Dated: 09/09/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 12(8) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 831(E) dated 24/03/2015 appointed undersigned as Adjudicating Officer 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..
B. Company details:
In the matter relating to DYSTAR INDIA PRIVATE LIMITED [herein after known as Company] bearing CIN U24114MH1995PTC094620, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 4th Floor, Coral Square, Vijay Garden Naka, Ghodbunder Road, Thane (West). NA Mumbai Thane Maharashtra India 400615
Individual details:
In the matter relating to KAVITA SAURABH CHUBE [herein after known as individual] having PAN AVXPP2345K and having its address at 1002, JUNIPER, EVEREST WORLD COMPLEX, KOLSHET ROAD THANE WEST THANE Maharashtra India 400607
C. Provisions of the Act:
If any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee – Whereas the Ministry vide its letter No. CL-II-08/79/2023-O/o-DGCoA-MCA dated 29.12.2023 had ordered an Inspection in the matter of the Company. Accordingly, the Inspection was carried out and an Inspection Report was submitted on 17.01.2025.
Whereas the IO visited the registered office of the Company for the purpose of inspection on 15.02.24 and observed that the Company had not printed or affixed the address of the Company outside its office in contravention of the provisions of section 12(3)(a) of the Companies Act, 2013.
2. Acceding to the request of the Noticee No.2, an opportunity of being heard was granted by the Adjudicating Officer to the Company and its Officer in default under provisions of Section 454 (4) of the Act.
E.Order:
1. A Show Cause notice bearing ID SCN/ADJ/06-2025/MB/01603 dated 11/06/2025 was issued to Company (hereinafter referred to as Noticee No.1) and its Officer in default namely, Kavita Chube (hereinafter referred to as Noticee No.2) under Section 12(3)(a) of the Companies Act, with respect to failure of the Company to affix its name board at the Registered office.
B.Noticee No.2 replied to the said SCN on the e-adjudication portal vide letter dated 25.06.25 and denied violation of Section 12(3)(a). It was further contended that since 18.08.2018 the Company?s registered office has a board displaying the address of the Company in accordance with Section 12 of the Act. Further Ms. Kavita had attached a picture of the signage outside the registered office and a copy of Vendor Invoice for preparing the said signage.
C.Acceding to the request of the Noticee No.2, an opportunity of being heard was granted by the Adjudicating Officer to the Company and its Officer in default under provisions of Section 454 (4) of the Act. Accordingly, an E-hearing was scheduled on 17.07.2025 at 04:30 PM (IST) and notice bearing ID: EH/ADJ/07-2025/MB/00532 Dated 11.06.2025 was issued for the same.
D.The said hearing was attended by the Ms. Kavita Chube, Noticee No.2 on behalf of the Noticees. During the hearing, she presented live proof of the signage being present at the registered office and denied any default under the said provision. E.On perusal of the documents attached with the reply to the Notice, it is observed that the registered office of the Company had a board displaying the address of the Company in accordance with provisions of Section 12(3)(a) of the Act. Hence, the Subject Company is not in default under the provisions of Section 12(3)(a) of the Act and accordingly, no order to penalty
2. The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person on whom penalty imposed (B) | Rectification of Default required (C) | Penalty Amount (D) | Additional Penalty (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Maximum limit for Penalty (F) |
| 1 | DYSTAR INDIA PRIVATE LIMITED having CIN as U24114MH1995P TC094620 | No Rectification of Default required | 0 | 0 | 100000 |
| 2 | KAVITA SAURABH CHUBE having PAN as AVXPP2345K | No Rectification of Default required | 0 | 0 | 100000 |
3. The notified officers in default/noticee shall rectify the default mentioned above and pay the penalty, so applicable within 90 days of receipt of the order.
4. The notified officers in default/noticee shall pay the penalty amount via ‘e-Adjudication’ facility which can be accessed through the respective login IDs on the website of Ministry of Corporate Affairs and upload the copy of paid challan / SRN of e-filing (if applicable) on the ‘e-Adjudication’ portal itself. It is also directed that the penalty so imposed upon the officers in default shall be paid from their personal sources/income.
5. Appeal against this order may be filed in writing with the Regional Director, RD Mumbai within a period of sixty days from the date of receipt of this order, in Form ADJ setting for 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 (Adjudication of Penalties) Rules, 2014].
6. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Chandan Kumar,
Registrar of Companies
ROC Mumbai
