During the examination of form GNL-2 vide SRN F53685046 dated 19.12.2022, it is observed from attachment of afore mentioned form that statement in Form No. CAA.8 filed with this office along with order passed by Hon’ble NCLT, Cuttack dated 20.08.2020, that, CAA-8 should be filed within two hundred and ten days from the end of each financial year, hence CAA-8 was due to be filed on 27.10.2022. However, company has filed the same on 19.12.2022.
Shri Girdhari Lal Soni (Fellow Company Secretary : 5616) authorized representative of the Company and Officers in default had appeared on the date so fixed, and submitted the Board Resolution dated 09.01.2023 of the company authorizing him to represent company and its officers in default. Today on 15.02.2023, he has submitted representation orally which is mentioned as under:
“It is humbly submitted that due date of filing of form CAA-8 was around the time of annual filing, whereby, the personnel of the company were involved in preparation of annual filings, also, MCA portal was not working during the period of October/November 2022 and hence we were unable to file such form on MCA Portal within the prescribed time due to technical problem. However, as and when MCA portal started working smoothly, we filed form CAA-8 with your good office.”
After, considering the reply submitted by the company and oral representation provided on 15.02.2023, wherein company itself admitted the violation of Section 232(7) of the Companies Act, 2013. Also, it is evident from the record that, there is a delay in filing of Form CAA-8.
In view of the above, it is concluded that the Company and its officers in default are liable for penalty as prescribed under Section 450 of the Act for noncompliance of Section 232(7) of the Act for 52 days i.e. with effect from 28.10.2022 (Due date of filing form CAA-8) to 19.12.2022 (Date of filing of Form CAA-8) in terms of Section 232(7) of the Companies Act, 2013.
Accordingly, I am inclined to impose penalty as prescribed under Section 450 of the Companies Act, 2013.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
OFFICE OF THE REGISTRAR OF COMPANIES, CHHATTISGARH-CUM-
OFFICIAL LIQUIDATOR, ATTATCHED TO HIGH COURT OF CHHATTISGARH
1ST FLOOR, LATE SHRI ASHOK PINGLEY BHAWAN OF MUNICIPAL CORPORATION,
NEHRU CHOWK, BILASPUR, CHHATTISGARH 495001
Order No. ROC-cum-OL- C.G. /ADJ/u/s 232(7)/009167/2022-23 /2834 to 2837 Dated: 24 FEB 2023
Sub: – Order under Section 454 for violation of section 232(7) of the Companies Act, 2013 read with Companies (Adjudication of Penalties) Rules. 2014.
Sir,
Please find the enclosed copy of order on the subject cited above in the matter of M/s ABIS AGROTECH PRIVATE LIMITED (U01100CT2019PTC009167) for necessary compliance in the matter.
Encl: As above
Sitaram Sharan Gupta
Registrar of Companies Chhattisgarh-
Bilaspur (C.G.)
BEFORE THE ADJUDICATING OFFICER
REGISTRAR OF COMPANIES CUM OFFICIAL LIQUIDATOR, CHHATTISGARH
In the matter of Companies Act, 2013
And
In the matter of adjudication proceeding under Section 454
And
Sub-section (7) of Section 232 of the Companies Act, 2013.
And
In the matter of M/S ABIS AGROTECH PRIVATE LIMITED
(CIN: U01100CT2019PTC009167)
….. Respondents
1. Appointment of Adjudicating Officer : –
The Ministry of Corporate Affairs vide its gazette notification no S.O.831(E) dated 24.03.2015, has appointed the undersigned as Adjudicating Officer(AO) in exercise of the powers conferred by section 454 of the Companies Act, 2013 (hereinafter known as the Act) read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
2. Company : –
Whereas Company ABIS AGROTECH PRIVATE LIMITED (CIN: U01100CT2019PTC009167) [herein after known as Company] is a registered company with this office under the provisions of Companies Act, 2013 having its registered address at 1B Corporate House, Northwing, 1st Floor, Village: Indamara, Post: Pendri, Rajnandgaon, Chattisgarh, 491441, India as per MCA Portal.
3. Facts of the case : –
That, during the examination of form GNL-2 vide SRN F53685046 dated 19.12.2022, it is observed from attachment of afore mentioned form that statement in Form No. CAA.8 filed with this office along with order passed by Hon’ble NCLT, Cuttack dated 20.08.2020, that, CAA-8 should be filed within two hundred and ten days from the end of each financial year, hence CAA-8 was due to be filed on 27.10.2022. However, company has filed the same on 19.12.2022.
Show cause notice, reply and personal hearing:-
4. Therefore, for the aforementioned delay in filing of form CAA-8 along with Form- GNL-2, this office issued a show cause notice to the company and its officers in default namely, Mr. Bahadur Ali and Mr. Sultan Ali, on 28.12.2022.
5. Thereafter, company has submitted its reply dated 09.01.2023, duly signed by Shri Sultan Ali (director of the company), received in this office on 10.01.2023 to the afore-mentioned Show cause notice which is reproduced as under:
We humbly submit that the Company and its directors have no intention of non-compliance of the provisions of the Section 232(7) of the Companies Act 2013, R.W. Rule 21 of the Companies (Arrangement and Amalgamation) Rules, 2016 to delay in filing Form CAA.8 in GNL. The details of the information required to be submitted was voluminous and the delay in filing was caused for the reason which was beyond the control of the Company as the concerned team was occupied in some important assignment.
6. Thereafter, for providing an opportunity of being heard, a “Notice of Inquiry” vide. letter No. ROC-cum-OL-C.G./Adj/u/s 232(7)/009167/2022-23/2791 to 2793 dated 08.02.2023 was issued to the Company and its officers in default i.e., Mr. Bahadur Ali (Director) and Mr. Sultan Ali (Director) (herein after referred to as “officers in default”) and the date of hearing was fixed on 15th February, 2023, at 11:00 A.M. in the 0/0 Registrar of the Companies, Chhattisgarh, Ist Floor, Late Shri Ashok Pingley Bhawan of Municipal Corporation Nehru Chowk, Bilaspur, Chhattisgarh-495001.
7. Shri Girdhari Lal Soni (Fellow Company Secretary : 5616) authorized representative of the Company and Officers in default had appeared on the date so fixed, and submitted the Board Resolution dated 09.01.2023 of the company authorizing him to represent company and its officers in default. Today on 15.02.2023, he has submitted representation orally which is mentioned as under:
“It is humbly submitted that due date of filing of form CAA-8 was around the time of annual filing, whereby, the personnel of the company were involved in preparation of annual filings, also, MCA portal was not working during the period of October/November 2022 and hence we were unable to file such form on MCA Portal within the prescribed time due to technical problem. However, as and when MCA portal started working smoothly, we filed form CAA-8 with your good office.”
8. After, considering the reply submitted by the company and oral representation provided on 15.02.2023, wherein company itself admitted the violation of Section 232(7) of the Companies Act, 2013. Also, it is evident from the record that, there is a delay in filing of Form CAA-8.
Order
In view of the above, it is concluded that the Company and its officers in default are liable for penalty as prescribed under Section 450 of the Act for noncompliance of Section 232(7) of the Act for 52 days i.e. with effect from 28.10.2022 (Due date of filing form CAA-8) to 19.12.2022 (Date of filing of Form CAA-8) in terms of Section 232(7) of the Companies Act, 2013.
Accordingly, I am inclined to impose penalty as prescribed under Section 450 of the Companies Act, 2013. The details of the penalty imposed on the company and officers in default are shown in the table below:
I. I am of the 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.
II. The company and officers in default shall pay the said amount of penalty through online mode by using the website mca.gov.in (Misc. head) in favor of “Pay & Accounts Officer, Ministry of Corporate Affairs, Mumbai, payable at Mumbai, within 90 days of receipt of this order, and intimate this office with proof of penalty paid. In case of the above-mentioned officers in default, penalty is required to be paid from their own fund. It is further directed that penalty imposed shall be paid through the Ministry of Corporate Affairs portal only pursuant to Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019.
III. 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 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).
IV. our 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.
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:
Sitaram Sharan Gupta
Registrar of Companies Chhattisgarh-
Bilaspur (C.G)
Signed on this 24th day of Feburary, 2023
Place: Bilaspur, Chhattisgarh.
