The Company has not filed Annual Return(s) and Financial Statement(s) pursuant to sub-section (4) of Section 92 and sub-section (1) of Section 137 of the Act respectively for financial year ending 31.03.2021, thereby attracting penal provisions under sub-section (5) of Section 92 and subsection (3) of Section 137 of the Act respectively. The offence is of serious nature since non-filing of Annual Accounts by the Company put itself out of reach of stakeholders/ regulatory authorities and other concerned.
The object of filing the annual return of company with the Public Domain is in the public interest, to enable the investors, public and whosoever interested in the company can access the fundamental information about the company and its management. Non-filing of this statutory return will result in denial of information to public about the company.
Having considered the facts and circumstances of the case, and after taking into account the factors above, the A.O. do hereby impose penalty on Company and Directors for violation of Section 92 and Section 137 of the Companies Act, 2013 for Financial Year ending 31.03.2020 and 31.03.2021.
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies
Goa, Daman and Diu cum Official Liquidator
High Court of Bombay at Goa
Corporate Bhawan, EDC Complex
Order No. ROCGDD/ Penalty Order/2022/832 Dated:- 26 Oct, 2022
To,
| ‘Fish Catch Ecommerce Private Limited CIN: U72900GA2019PTC014177 N66, Phase-IV, Verna Industrial Estate, South Goa, 403722, Goa, India | Shri Saraswata Muduli Purbakote, KayanJajapur, 755022,Orissa,India |
| Shri Hemraj Yadav
Kotara, Banthar, Unnao, Benthar, Unnao, Bethar Unnao, 209801, Uttar Pradesh, India. |
Shri Abhishek Kumar Gupta
Kumri Tola Kaval Pur, MaiSthan, Sugauli, East Champaran, Motihari, 855456, Bihar, India |
| Shri Ved Prakash
Marathipura, Maudaha, Hamirpur, 210507, Uttar Pradesh, India |
– |
Sub: – Forwarding Order of Adjudication of Penalty for violation of section 92 and 137 of the Companies Act, 2013 read with Companies (Adjudication of Penalties), 2014 in the matter of Fish Catch Ecommerce Private Limited CIN: U72900GA2019PTC014177 – reg.,
Sir(s),
I am directed to enclose herewith a copy of the Order vide no ROCGDD/ A0/92&137/2022/03 dated 19.10.2022 passed by this office for needful action.
(Jayant Arya)
BEFORE THE ADJUDICATING OFFICER
REGISTRAR OF COMPANIES, GOA, DAMAN & DIU
(ADJUDICATION ORDER NO: ROCGDD/A0/92&137/2022/03)
UNDER SECTION 454 OF THE COMPANIES ACT, 2013 READ WITH THE COMPANIES (ADJUDICATION OF PENALTIES) RULES, 2014.
In respect of:
FISH CATCH ECOMMERCE PRIVATE LIMITED
CIN: U72900GA2019PTC014177
Appointment of Adjudicating Officer:-
1. The Ministry of Corporate Affairs vide its gazette notification no SO 831(E) dated 24.03.2015 appointed undersigned as Adjudicating Officer [hereinafter referred to as ‘the A.O.’] in exercise of the powers conferred by Section 454 of the Companies Act, 2013 [herein after known as the Act] read with the Companies (Adjudication of Penalties) Rules, 2014 [Notification no GSR 254(E) dated 31-3-2014] for adjudging penalties under the provisions of the Act. The undersigned vide the Companies (Amendment) Ordinance, 2019 is entrusted to adjudicate penalties under Sections 92 and 137 of the Act with effect from 02.11.2018.
Company:-
2. Fish Catch Ecommerce Private Limited [herein after known as the Company] CIN: U72900GA2019PTC014177 is a registered company with the office of the Registrar of Companies, Goa, Daman and Diu and having its registered address as N-66, Phase-IV, Verna Industrial Estate, South Goa, Goa, 403722, India as per records maintained by this office in online registry.
Show Cause Notice, Reply and Personal Hearing:-
3. The Show Cause Notices (SCN) under Sections 92(5) and 137(3) of the Companies Act, 2013 were issued vide letter no. ROCGDD/ 2022/ Non-filing/Fish Catch/448-452 dated 13.07.2022 to Company and its Directors, Shri Saraswata Mudli (DIN: 08645701), Shri Hemraj Yadav (DIN: 08650787), Shri Abhishek Kumar Gupta (DIN:08671554), Shri Ved Prakash (DIN:09336143). The Noticee’s to SCN were called upon to show the case for non-filing of Annual Return(s) and Financial Statement(s) pursuant to Section 92 and Section 137 of the Act respectively. No response to Show Cause Notice dated 13.07.2022 was received from the Company and its Directors.
Provisions of the Companies Act, 2013:-
4. Sub-section (1) of Section 92 of the Act provides that every company shall prepare an Annual return in the prescribed form and sub-section(4) of Section 92 of the Act provides that every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees, as applicable.
5. Every company shall prepare its annual return in the prescribed form containing the particulars as they stood on the close of the financial year regarding —
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies;
(b) its shares, debentures and other securities and shareholding pattern;
(c) its indebtedness;
(d) its members and debenture-holders along with changes therein since the close of the previous financial year;
(e) its promoters, directors, key managerial personnel along with changes therein since the close of the previous financial year;
(f) meetings of members or a class thereof, Board and its various committees along with attendance details;
(g) remuneration of directors and key managerial personnel;
(h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment;
(i) matters relating to certification of compliances, disclosures as may be prescribed;
(j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them; and
(k) such other matters as may be prescribed, and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice:
6. Sub-section (5) of Section 92 of the Act provides that if any company fails to file its annual return under sub-section (4) of Section 92 of the Act, before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of five lakh rupees. (The said section is amended w.e.f. 21.12.2020 under the Companies (Amendment) Act, 2020).
7. Sub-section (1) of Section 129 of the Act provides that company shall prepare a financial statement comply with the accounting standards notified under section 133 of the Act and sub-section (2) of Section 129 of the Act provides that at every annual general meeting of a company, the Board of Directors of the company shall lay before such meeting financial statements for the financial year. Further sub-section (1) of the Section 137 of the Act provides that a copy of the financial statements, including consolidated financial statement, if any, along with all the documents which are required to be or attached to such financial statements under this Act, duly adopted at the annual general meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general meeting in such manner, with such fees or additional fees, as applicable.
8. Sub-section(3) of Section 137 of the Act provides that if a company fails to file the copy of the financial statements under sub-section (1) or subsection (2) of the Section 137, as the case may be, before the expiry of the period specified therein, the company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees each day during which such failure continues, subject to a maximum of two lakh rupees, and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees. (The said section is amended w.e.f.21.12.2020 under the Companies (Amendment) Act, 2020).
ORDER
9. The Company has not filed Annual Return(s) and Financial Statement(s) pursuant to sub-section (4) of Section 92 and sub-section (1) of Section 137 of the Act respectively for financial year ending 31.03.2021, thereby attracting penal provisions under sub-section (5) of Section 92 and subsection (3) of Section 137 of the Act respectively. The offence is of serious nature since non-filing of Annual Accounts by the Company put itself out of reach of stakeholders/ regulatory authorities and other concerned.
10. The object of filing the annual return of company with the Public Domain is in the public interest, to enable the investors, public and whosoever interested in the company can access the fundamental information about the company and its management. Non-filing of this statutory return will result in denial of information to public about the company.
11. Having considered the facts and circumstances of the case, and after taking into account the factors above, the A.O. do hereby impose penalty on Company and Directors as per table below for violation of Section 92 and Section 137 of the Companies Act, 2013 for Financial Year ending 31.03.2020 and 31.03.2021. The A.O. is of the opinion that penalty is commensurate with the aforesaid default committed by the Noticee’s.
|
Document |
No. of Days of Default |
Penalty imposed on Company /Director |
Calculation of penalty amount (in Rs.) | Maximum penalty can be imposed |
Penalty imposed by the A.O. (in Rs.) |
| A | B | C | D | E | F |
| Financial Statement u/s 137(1) of the Companies Act, 2013 | 627* days |
On
Company |
Rs.10,000+ Rs.100X627= Rs.72,700/- |
Rs.2,00,000/- | Rs.72,700/- |
| Saraswata Muduli | Rs.10,000+ Rs.100X627= Rs.72,700/- |
Rs.50,000/- | Rs.72,700/- | ||
| Hemraj Yadav | Rs.10,000+ Rs.100X627= Rs.72,700/- |
Rs.50,000/- | Rs.72,700/- | ||
| Abhishek Gupta | Rs.10,000+ Rs.100X627= Rs.72,700/- |
Rs.50,000/- | Rs.72,700/- | ||
| Ved Prakash |
Rs.10,000+ Rs.100X627= Rs.72,700/- |
Rs.50,000/- | Rs.72,700/- | ||
| Annual Returns u/s 92(4) of the Companies Act, 2013 | 597# days |
On
Company |
Rs.10,000+ Rs.100X597= Rs.69,700/- |
Rs.2,00,000/- | Rs.69,700/- |
| Saraswata Muduli | Rs.10,000+ Rs.100X597= Rs.69,700/- |
Rs.50,000/- | Rs.69,700/- | ||
| Hemraj Yadav | Rs.10,000+ Rs.100X597= Rs.69,700/- |
Rs.50,000/- | Rs.69,700/- | ||
| Abhishek Gupta | Rs.10,000+ Rs.100X597= Rs.69,700/- |
Rs.50,000/- | Rs.69,700/- | ||
| Ved Prakash |
Rs.10,000+ Rs.100X597= Rs.69,700/- |
Rs.50,000/- | Rs.69,700/- | ||
*No. of days have been calculated from 31.01.2021 for Financial Statement till date of order.
#No. of days have been calculated from 02.03.2021 Annual Return till date of order.
For FY ending 31.03.2021 (Table 2)
| Document Required to be filed |
No. of Days of Default* |
Penalty imposed on Company /Director |
Calculation of penalty
amount (in Rs.) |
Maximum penalty can be imposed |
Penalty imposed by the A.O. (in Rs.) |
| A | B | C | D | E | F |
| Financial Statement u/s 137(1) of the Companies Act, 2013 | 293 days |
On
Company |
Rs.10,000+ Rs.100X293= Rs.39,300/- |
Rs.2,00,000/- | Rs.39,300/- |
| Saraswata Muduli | Rs.10,000+ Rs.100X293= Rs.39,300/- |
Rs.50,000/- | Rs.39,300/- | ||
| Hemraj Yadav | Rs.10,000+ Rs.100X293= Rs.39,300/- |
Rs.50,000/- | Rs.39,300/- | ||
| Abhishek Gupta | Rs.10,000+ Rs.100X293= Rs.39,300/- |
Rs.50,000/- | Rs.39,300/- | ||
| Ved Prakash | Rs.10,000+ Rs.100X293= Rs.39,300/- |
Rs.50,000/- | Rs.39,300/- | ||
| Annual Returns u/s 92(4) of the Companies Act, 2013 | 263 days |
On
Company |
Rs.10,000+ Rs.100X992= Rs.36,300/- |
Rs.2,00,000/- | Rs.36,300/- |
| Saraswata Muduli | Rs.10,000+ Rs.100X992= Rs.36,300/- |
Rs.50,000/- | Rs.36,300/- | ||
| Hemraj | Rs.10,000+ Rs.100X992= | Rs.50,000/- | Rs.36,300/- | ||
| Yadav | Rs.36,300/- | ||||
| Abhishek | Rs.10,000+ Rs.100X992= | Rs.50,000/- | Rs.36,300/- | ||
| Gupta | Rs.36,300/- | ||||
| Ved | Rs.10,000+ Rs.100X992= | Rs.50,000/- | Rs.36,300/- | ||
| Prakash | Rs.36,300/- | ||||
*No. of days have been calculated from 31.12.2021 for Financial Statement till date of order.
#No. of days have been calculated from 30.01.2022 Annual Return till
date of order.
12. The company and its Directors are hereby directed to pay the penalty amount as per column ‘F’ of Table 1 and Table 2 and also directed to rectify the default immediately from the date of receipt of copy of this Order.
13. The Penalty imposed hereinabove shall be paid through the Ministry of Corporate Affairs portal only.
14. Appeal if any against this order may be filed in writing with the Regional Director (WR), Ministry of Corporate Affairs, 100, Marine Drive, Everest Building, Mumbai-400002, 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 of the Companies Act, 2013 read with the Companies (Adjudicating of Penalties) Rules, 2014].
15. Your attention is also invited to Section 454(8) of the Act regarding consequences of non-payment of penalty.
16. In terms of the provisions of sub-rule (9) of Rule 3 of the Companies (Adjudication of Penalties) Rules, 2014, copy of this order is being sent to the company, its directors and also to Office of Regional Director (WR), Ministry of Corporate Affairs, 100, Marine Drive, Everest Building, Mumbai-400002.
Place:- Panaji, Goa.
Date:- 19.10.2022.
Register of Companies Goa, Daman & Diu
&
Adjudicating Officer
pioneer alloys and casting Ltd not send annual report since about 15years and co delisted