Government of India
Ministry Of Corporate Affairs
Office of the Registrar of Companies, Bihar-Cum-Official Liquidator, High Court, Patna
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
Order No.: ROC/S-12/BR/37324/42140-2143 Dated: 28.11.2022
Order for penalty for violation of section 12(1) r/w 12(4) of the Companies Act, 2013
M/S. MOONBEAM VINIMAY PRIVATE LIMITED
ON: U52190BR2012PTC037324
Appointment of Adjudication Officer:–
1. The 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 under 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.
Company:-
2. Whereas, Company M/s. Moonbeam Vinimay Private Limited, CIN: (herein after known as Company) is a company incorporated on 28.03.2012 under the provisions of Companies Act, 1956/ 2013 in the state of Bihar and having its registered office situated at Hussain Chowk, Basbitti Road, Supaul, Bihar, 852131, India as per MCA website.
Facts about the case:–
3. Whereas, office of the Registrar of Companies, Bihar-cum-Official Liquidator, High Court, Patna, has issued notice under section 206(4) of the Companies Act, 2013 vide letter no. ROC/Pat/Inquiry/37324/737-749 dated 03.082022 to the company and its directors; however the said letter addressed to the company returned undelivered in this office with postal remarks “Insufficient address”. Therefore, it appears that the company is not maintaining registered office as required under section 12(1) of the Companies Act, 2013.
4. That, this office has issued show cause notice under section 12 of the Companies Act 2013, vide letter no. ROC/BR/S-12/37324/SCN/1284-1286 dated 30.08.2022 to the company and its officers/managing director but no reply has yet been received from them, however letter addressed to the company return undelivered with the postal remark “No such person found on the address”. Hence it appears that the provisions of Section 12 of the Companies Act, 2013 has been contravened by the company and its officers/managing director and therefore they are liable for penalty U/s. 12(8) of the Companies Act, 2013.
5. Sections 12(1), 12(4) and 12(8) are reproduced as under:-
Section 12(1) – “A company shall, on and from the thirtieth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be prescribed”.
Section 12(4) – “Notice of every change of the situation of the registered office, verified in the manner prescribed, after the date of incorporation of the campany, shall be given to the Registrar within thirty days of the change, who shall record the same”.
Section 12(8) – If any default is made in emptying with the requirement 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”.
6. Whereas, this office had issued “Notice for Hearing” vide No. ROC/BR/S-12/37324/1907-1909 dated 21.10.2022 to the company and managing director/officers in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 14.11.2022 at 11:00 am. and also to submit their response, if any, one working day prior to date of hearing i.e. 11.11.2022, however the letter addressed to the company returned undelivered with the postal remarks “No such person on the address”.
7. That, on the date of hearing neither the authorized representative of the company nor the Managing Director/ Officers were present for hearing u/s. 12 of the Companies Act, 2013 Hence, it is concluded that the Company and its Managing Director/Officers in default are liable for penalty as per section 12(8) of the Companies Act, 2013 for non-maintenance of registered office of the company, viz., Moonbeam Vinimay Private limited.
ORDER
8. Having considered the facts and circumstances of the case and after taking into account the factors above, I hereby impose a penalty on the Company and directors/officers in default of the company as per Table below under section 12(8) of the Act for failure in compliance of section 12(1) and 12(4) of the Companies Act, 2013.
| Nature of default | Violatio it under Compa- vies Act, 2013 | Name of person on whom penalty imposed |
No. of days of defa ult* | Per day Penal ty for default
(Rs.) |
Total Penalty (Its.) [maximum of one Iakh rupees] |
Final Penalty Imposed (Rs.) [As per section 446B: liable to a penalty shall not be more than one half of the penalty specified in such sections] |
| Non- Mainte nance of register ed office |
Section 12(1) of the 2013 Act ‘ | On Company | 118 | 1000 | 118.1000=118,000 | 59,000 |
| Shri Vinod Kumar Pandey | 118 | 1000 | 118*100118,000 | 59,000 | ||
| Shri Pujan Paramanik | 118 | 1000 | 118*1000=118,000 | 59,000 |
*ENO. of days have been calculated horn 03.08.2022 till 28.11.2022 (date of order))
9. The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website www.mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office.
10. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days ft .m the date of receipt of this order, in Form ADJ (available on Ministry website www.mca.govin) 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 (Adjudication of Penalties) Rules, 2014).
11. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.
(Aparajit Banta)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna
