2 MCA imposes penalty on Company & Directors for Violation of section 92(4) of Companies Act

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/PAT/SCN/92/02658/2160-2163 Date: 28.11.2022

Order for penalty for violation of section 92 of the Companies Act, 2013
HOTEL RAJHANS PRIVATE LIMITED
CIN: U55101BR1987PTC002658

Appointment of Adjudication Officer:

1. The Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/2014- Ad.II 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. Hotel Rajhans Private Limited, CIN: U55101BR1987PTC002658 (herein after known as Company) is a company incorporated on 17.06.1987 under the provisions of Companies Act, 1956/2013 in the state of Bihar and having its registered office situated at Anand Villa, Opposite Uday Giri Apartment, Budh Marg, Patna Bihar, 800001, India as per MCA website.

Facts about the case:-

3. Whereas, the company is in default for filing its Annual Return for the financial years 2015-16 to 2020-2021 with the office of Registrar of Companies, Patna. Hence, this office has issued show cause notice for default under section 92 of the Companies Act, 2013 vide No. ROC/ PAT/ SCN/ 92/ 2658/ 1801-1803 dated 30.09.2022.

4. Whereas, this office has not received any reply from the company and its directors. Hence, it appears that the provisions of Section 92 of the Companies Act, 2013 has been contravened by the company and its directors/officers and therefore they are liable for penalty u/s 92(5) of the Companies Act, 2013.

Section 92(5):- “If a company fails to file its annual return under sub-section (4), 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 ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupee in case of a company and fifty thousand rupees in case of an officer who is in default”.

5. Whereas, this office had issued “Notice for Hearing” vide No. ROC/PAT/SCN/92/2658/1874-1876 dated 20.10.2022 to the company and directors/officers in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 11.11.2022 at 12.00 PM and also to submit their response, if any, one working day prior to date of hearing i.e. 10.11.2022.

6. That, on the date of hearing, neither anyone appeared for hearing nor any reply has been received. As per MCA record, the company has not filed its Annual Return for the financial year 2015-16 to 2020-21 till date. Hence the Company and its directors/Officers in default are liable for penalty as per section 92(5) of the Companies Act, 2013.

ORDER

7. Having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty on Company, and its Directors as per Table Below under section 92(5) of the Act for failure in compliance of section 92(4) of the Companies Act, 2013 for the financial years 2015-16, 2016-17, 2017-18, 2018-19, 2019-2020 and 2020-2021.

financial years 2015-16, 2016-17, 2017-18, 2018-19, 2019-2020 and 2020-2021

(* No of days have been calculated from 30.11.2016 to till date of order, i.e., 28.11.2022 for FY 2015-16 and so on)

8. 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.

9. 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 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(5) & 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014}.

10. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.

(Aparajit Barua)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna

To,

1. Hotel Rajhans Private Limited
Anand Villa, Opposite Uday Giri Apartment,
Budh Marg, Patna, Bihar, 800001, India.

2. Shri Amish Arora,
KF-16, Kavi Nagar,
Ghaziabad, 201001, Uttar Pradesh, India

3. Shri Arun Verma,
KH-162, Kavi Nagar,
Ghaziabad, 201001, Uttar Pradesh, India

Copy to:

The Regional Director (ER),
Ministry of Corporate Affairs,
234/4 A.J.C. Bose Road, 2nd MSO Building,
2nd Floor, Kolkata 700020, for information please.

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