On May 24, 2024, the Registrar of Companies, Karnataka, issued an adjudication order under Section 454 of the Companies Act, 2013, concerning G2.Com India Private Limited for failing to comply with Section 12(3)(c) of the Act. The company, registered in Bengaluru, did not include mandatory contact details on its letterheads, resulting in a penalty. The company’s representative acknowledged this oversight and clarified the default period as the financial year 2016-17. The penalty imposed includes ₹1,00,000 for the company and each of its directors. The company must pay the penalty within 90 days and submit Form INC-28 with payment proof. Appeals can be filed with the Regional Director within 60 days. Non-compliance with the order may lead to further penal action.
Registrar of Companies, Karnataka
Kendriya Sadan, 2nd Floor, `E- Wing,
Koramangala, Bengaluru – 560 034
Phone : 080-25537449/25633105
E-mail ID: [email protected]
F No. RoC(B)Adj.ord.454-12(3)(c)/G2.Com/Co.No.085934/2024 Date: 24.05.2024
ORDER ADJUDICATION OF PENALTY UNDER SECTION 454 OF COMPANIES ACT, 2013 READ WITH RULE 3 OF THE COMPANIES (ADJUDICATION OF PENALITES) RULES. 2014 FOR VIOLATION OF PROVISIONS OF SECTION 12(31(c) OF THE COMPANIES ACT, 2013 AND RULES (AMENDED TIME TO TIME) FRAMED THEREIN BY G2.COM INDIA PRIVATE LIMITED
Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/2014-Adil dated 24.03.2015 has appointed the undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 (hereinafter referred to as Act) read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of Companies Act 2013.
2. The company, Com India Private Limited (hereinafter referred to as Company). having CIN U72200KA2016FTC085934 was incorporated on 09.02.2016 and is presently registered under the jurisdiction of Registrar of Companies, Karnataka and the registered office of the company is situated at Eeshan Located No. 06, 14th Main Road Opp Agara Lake, HSR Layout, 5th sector. Bangalore, Karnataka – 560034.
3. The company has filed this adjudication application on 15.11.2023 for violation of the provisions of section 12(3)(c) of the Act, the company has states that the company inadvertently failed to mention the telephone number, E-mail and website address, Corporate Identity Number, in the letterhead of the company resulting in non-compliance of the provisions of the section 12(3)1c) of the Act.
4. As per section 12(3)(c) of the Act, every company shall get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, it any, e-mail and website addresses, if any, printed in all its business letters. bill heads, letter papers, and in all its notices and other official publications,
5. As per section 12(8) of the Act, if any default is made in complying with the requirements of this section, the company rind 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 latch rupees
6. Pursuant to the adjudication application filed by the company. Notice of hearing was sent on 24.01.2024 and physical hearing was held on 06.02.2024. It was attended by Mr. Biswajit Ghosh. practising company secretary who appeared on behalf of the company and directors and made his submissions.
Further, the company’s authorised representative Mr. Biswajit Ghosh PCS, who attended the hearing has submitted a corrigendum to this office on 21.03.2024, with respect to the application filed under section 12(3)(c)) of the Act wherein it has been mentioned that in the original application the period of default were not mentioned. However, the period of default committed pertains to financial year 2016-17. Hence the corrigendum submitted in this regard has been taken on record and accordingly, the order has been modified by imposing penalty on company and its officers in default
7. As the company is a subsidiary company, it does not fall under the definition of a small company as per the provisions of section 2(85) of the Act. Therefore, the provisions of imposing lesser penalty as per the section 4468 of the Act shall not be applicable in this case.
8. Therefore, having considered the facts and circumstances of the case and the submissions made by the company / director / key managerial personnel through their authorised representative, in view of the above said violation of non-compliance of provisions of section 12(3)(c) of the Act for the financial year 2016-17, I do hereby impose penalty in the following manner on the company arid all the officers in default during the period of offence committed:
| S. No. | Particulars | Maximum Penalty imposed as per Section 12(8) of the CA, 2013 (In Rs.) |
| 1 | Company | 1,00,000 |
| 2 | Ayan Barua Director | 1,00,000 |
| 3 | Vamshi Krishna Mokshagundam. Director | 1,00,000 |
| 4 | Balachandar Ganesh Director | 1,00000 |
9 The company and its directors / key managerial personnel are hereby directed to pay the penalty amount as tabulated above within 90 days from the date of receipt of this Order and file Form INC-28 attaching a copy of the Order and payment challans. In case of directors. such penalty amount is required to be paid out of their own funds. The noticee shall pay the said amount of penalty online by using the website www.mcagov.in (Miscellaneous head) specifying the details of this Order and the noticee who is paying the penalty.
10. Appeal, if any, against this Order may be filed with the Regional Director (South East Region). Hyderabad within a period of 60 days from the date of receipt of this Order in Form AD.1 setting forth the grounds of appeal and shall be accompanies by a certified copy of this Order
11. Your attention is also invited to section 454(8) of the Companies Act, 2013 in case of non-compliance of this Order wherein necessary penal action will be initiated under 454(8Ki) and (i) of the Companies Act 2013 against the company and directors / key managerial personnel without further notice in the matter.
12. The company is required to serve a copy of this Order on the director(s)/ officer(s)-in-default mentioned above in terms of provisions of section 20 of the Companies Act. 2013.
(Sanjay Sood)
Registrar of Companies, Karnataka
and Adjudicating Officer
