The Ministry of Corporate Affairs has imposed a penalty on Granite River Labs Technologies Private Limited for violating Section 12(3)(c) of the Companies Act, 2013. The company failed to include its Corporate Identity Number (CIN) on its letterhead, which is required by law. The penalty amounts to one thousand rupees per day of non-compliance, totaling nine days. MCA imposes penalty of Rs. 9000 each on Company and its director.
MINISTRY OF CORPORATE AFFAIRS
Registrar of Companies. Karnataka
Kendriya Sadan, 2nd Floor, ‘E’- Wing,
Koramangala, Bangluru – 560 034
Phone :080-25537449/25633105
emall ID: roc.banglore@mca.gov.in
F No. ROC(B)/Adj.OrdA54/12(3)(c)/Granite River Labs/Co.No.68241/2023 Date: 25.05.2023
ORDER OF ADJUDICATION OF PENALTY UNDER SECTION 454 OF COMPANIES ACT, 2013 READ WITH RULE 3 OF THE COMPANIES (ADJUDICATION OF PENAUTES1 RULES, 2014 FOR VIOLATION OF PROVISIONS OF SECTION 12(3)kl OF THE COMPANIES ACT, 1956 BY GRANITE RIVER LABS TECHNOLOGIES PRIVATE LIMITED
Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/2014-Ad.11 dated 24.032015 has appointed the undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 (hereinafter referred to as Act) read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of Companies Act 2013.
2. The company, Granite River Labs Private Limited (hereinafter referred to as Company) was incorporated on 12.012006 and is presently registered under the jurisdiction of Registrar of Companies, Kamataka with its registered office situated at Fern kon, Unit 7 &8, 1st Floor, Survey No.28 & 36/5, Doddanekundi Village. KR Puram, Hebb, Bangalore -560037, Karnataka.
3. As per section 12(3)(c) of the Act, every company shall get its name. address of its registered office and Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, bill heads, letter papers, and in all its notices and other official publications.
4. As per section 12(8) of the Act if any default is made in complying with the provisions of section 12, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for everyday during which default continues but not exceeding one latch rupees.
5. The company had Med e-form GNL-1 on 23./1.2022 vide SRN F46812848 and it was noticed that the company’s CIN was not mentioned In the letterhead, thereby violating the Provisions of section 12(3)(c) of the Act. Thereafter, the company resubmitted the said form on 01122022 with the proper letterhead containing its ON.
6. Pursuant to the adjudication application filed by the company, Notice of hearing was sent on 20.022023 and physical hearing was held on 09.032023. ft was attends by Ms. S. C. Sharadha and Ms. Ratnama/a Hegde C.C.S from Ws Sharadha & Associates, authorized representatives. During the hearing Sharadha further submitted a detailed adjudkatiOn application in respect of the subject company to the Adjudicating Officer duly signed by the directors. It has been submitted that the error was an inadvertent one as old letterhead was used in this instance. Further. it was submitted that the company had filed other e-forms with CIN printed on its letterheads prior to this e-form GNL-1 (copies provided) and the company had also resubmitted this particular e-form with a proper letterhead containing CIN. It was submitted that the company is not a habitual defaulter, and in this instance. the ON was inadvertently left out and is only a stray case of violation. Further, it has been submitted that Mr. Rajaraman Venkatachalam is the executive director of the company responsible for the day-to-day operations including compliances, and others are non-executive directors. Copies of their appointment forms denoting the same have also been submitted.
7. In view of the above. it is thus inferred that the company has violated the provisions of section 12(3)(c) of the Act for a period of 9 days i.e. from 23.112022 (date of filing GNL-1) to 01.12.2022 (a day prior to resubmitting rectified GNL-1) and Mr. Rajaram Venkatachalam is the officer in default.
8. It is seen that the company is a subsidiary of a foreign company and does riot fall under the definition of a small company as per the provisions of section 2(85) of the Act Therefore, the provisions of imposing lesser penalty as per the section 4468 of the Act shall not be applicable in this case.
9. Therefore, having considered the facts and circumstances of the case and the submissions made by the company / director / key managerial personnel through their authorised representative, in view of the above said violation of non-compliance of provisions of section 12(3)(c) of the Act, I do hereby impose penalty in the following manner on the company and all the officers in default during the period of offence committed :
10. The company and its directors / key managerial personnel are hereby directed to pay the penalty amount as tabulated above within 90 days from the date of receipt of this Order and file Form INC-28 attaching a copy of the Order and payment challans. In case of directors, such penalty amount is required to be paid out of their own funds. The notice shall pay the said amount of penalty online by using the website www.mca.gov.in (Miscellaneous head) specifying the details of this Order and the noticee who is paying the penalty.
11. Appeal, if any, against this Order may be filed with the Regional Director (South East Region,) Hyderabad within a period of 60 days from the date of receipt of this Order in Form ADJ setting forth the grounds of appeal and shall be accompanies by a certified copy of this Order.
12. Your attention is also invited to section 454(8) of the Companies Act, 2013 in case of non-compliance of this Order wherein necessary penal action will be initiated under 454(8)(i) and (ii) of the Companies Act, 2013 against the company and directors / key managerial personnel without further notice in the matter.
(Sanjay Sood)
Registrar of Companies Karnataka
and Adjudicating Officer
