Failure to Maintain Registered Office: ROC Patna imposes Maximum Penalty

The Registrar of Companies, Patna, passed an adjudication order under section 454 of the Companies Act, 2013 imposing penalties for violation of section 12(8) due to failure to maintain a registered office capable of receiving official communications. Orders and notices sent by the ROC to the company were returned undelivered on multiple occasions, indicating non-compliance with the statutory requirement to maintain and notify a functional registered office under section 12. Despite issuance of an e-adjudication notice and scheduling of a hearing, no reply was submitted and no appearance was made. Holding the default to be continuing in nature, the adjudicating officer imposed the maximum permissible penalty of ₹1 lakh on the company and ₹1 lakh each on the officers in default. The company and its officers were directed to rectify the default and pay the penalties within 90 days, with personal liability fixed on the officers. The order reiterates that maintaining an effective registered office is a foundational compliance obligation under company law.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Patna
Office of Registrar of Companies, Bihar -cum- Official Liquidator attached to Patna High Court,Ministry of Corporate Affairs, Government of India, Maurya Lok Complex, Block “A”, 4th Floor, Dak Bungalow Road, Patna, Bihar, India, 800001
Phone: 0612-2950121
E-mail: roc.patna@mca.gov.in

Order ID: PO/ADJ/12-2025/PT/01234 Dated: 17/12/2025

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 TILAK PROFICIENT NIDHI LIMITED [herein after known as Company] bearing CIN U65100BR2008PLC014086, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at PROFICIENT COMPLEX, PATEL CHOWK GAUSHALA ROAD NA KHAGARIA BIHAR INDIA 851204

Individual details:

In the matter relating to SURESH KUMAR BHAKTA ——–

In the matter relating to PRASUN KUMAR PANKAJ ——-

In the matter relating to SANTOSH KUMAR ——–

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 – This office has issued Order for penalty for violation of section 118 of the Companies Act, 2013 dated 30.05.2015 to the company and its directors. The said order addressed to the company return undelivered in this office on 02.06.2025. Hence, it appears that the company is not maintaining its registered office, which is required to be maintained as per provisions of section 12 of the Companies Act, 2013. Therefore the company and its directors have violated the provision of section 12 of the Companies Act, 2013 and are liable for penalty under section 12(8) of the Companies Act, 2013.

2. This office has issued order for penalty for violation of section 118 of the companies Act, 2013 dated 30.05.2025 to the company and its directors. The said order addressed to the company return undelivered in this office on 12.06.2025. Hence, it appears that the company is not maintaining its registered office which is required to be maintained as per provisions of section 12 of the Companies Act, 2013. Therefore the company and its directors are liable for penalty under section 12(8) of the Companies Act, 2013. Notice for e-adjudication for default under section 12(8) was issued on 16.09.2025, however, no reply received, hence hearing was held on 10.12.2025.

E. Order:

1. Notice for e-adjudication for default under section 12(8) was issued on 16.09.2025, however, no reply received, hence hearing was held on 10.12.2025. On the date of hearing i.e. 10.12.2025, on one appeared. Having considered the facts and circumstances of the case, and after taking into account the factors above, penalty under section 12(8) of the Companies Act, 2013 is imposed on the company and its defaulting directors.

2. The details of penalty imposed on the company, officers in default and others are shown in the table below:

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 Kolkata 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.

Dr Rameshkumar,
Registrar of Companies
ROC Patna