The Company has not maintained its registered office pursuant to sub-section (1) and (4) of Section 12 of the Act w.e.f. 23.12.2021 (date of spot inspection conducted by this office) thereby attracting penal provisions under sub-section (8) of Section 12 of the Companies Act, 2013. The offence is of serious nature since non-maintenance of registered office by the company put itself out of reach of stakeholders/regulatory authorities and other concerned.
Having considered the facts and circumstances of the case, the A.O. do hereby impose maximum penalty on Company and Directors for violation of sub-section(1) of Section 12 of the Companies Act, 2013 .
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/2022/845 Dated:- 26th Oct, 2022
To,
| Fish Catch Ecommerce Private Limited CIN: U72900GA2019PT’C014177 N66, Phase-IV, Verna Industrial Estate, South Goa, 403722, Goa, 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 12 of the Companies Act, 2013 read with Companies (Adjudication of Penalties), 2014 in the matter of Fish Catch Ecommerce Private Limited CIN: U72900GA2019PT’C014177 – reg.,
Sir(s),
I am directed to enclose herewith a copy of the Order vide no ROCGDD/ AO/Sec-12/2022/06 dated 19.10.2022 passed by this office for needful action.
(Jayant Arya)
Registrar of Companies
Goa, Daman & Diu
Copy to:-
Regional Director(WR),
Ministry of Corporate Affairs,
100, Marine Drive, Everest Building,
Mumbai-400002-(For Information).
BEFORE THE ADJUDICATING OFFICER
REGISTRAR OF COMPANIES, GOA, DAMAN & DIU
(ADJUDICATION ORDER NO: ROCGDD/AO/Sec-12/2022,/06)
UNDER SECTION 454 OF THE COMPANIES ACT, 2013 READ WITH THE COMPANIES (ADJUDICATION OF PENALTIES) RULES, 2014 AS AMENDED BY COMPANIES (ADJUDICATION OF PENALTIES) AMENDMENT RULES, 2019.
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 Section 12 of the Act with effect from 02.11.2018.
Company:-
2. Fish Catch Private Limited [herein after known as the Company] ON: U72900GA2019PTC014177 is a registered company with the office of the Registrar of Companies, Goa, Daman and Diu and having its registered address as N66, Phase-IV, Verna Industrial Estate, South Goa, 403722, Goa, India as per records maintained by this office in online registry.
Show Cause Notice, Reply and Personal Hearing:-
3. The Ministry vide letter dated 13.12.2021 has ordered inquiry into the affairs of Fish Catch Ecommerce Private Limited. This office carried out physical verification/spot inspection of the registered office of the company to ascertain the maintenance of registered office of the company, and it was found that no registered office was maintained at the address as per the records maintained in the MCA portal. Notices under section 206(4) of the Companies Act, 2013 were issued against the company and its directors vide letter no. ROCGDD/206(4)/Fish Catch /1592-1598 dated 06.01.2022. No response to the said notice was received by this office.
4. The Show Cause Notices (SCN) under Section 12(8) of the Companies Act, 2013 were issued vide no ROCGDD/2022/Sec-12/Fish Catch/457-459 dated 13.07.2022 to Company and its Directors (Shri Abhishek Kumar Gupta and Shri Ved Prakash). The Noticee’s to SCN were called upon to show the cause as to why action cannot be initiated for non-maintenance of registered office of the company pursuant to Section 12(1) read with Section 12(4) of the Act. No response to the show cause notice was received by this office from the company and its directors.
Provisions of Companies Act, 2013:-
5. 12(1) A company shall, on and from the thirty days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notice as may be addressed to it.
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 company, shall be given to the Registrar within thirty days of the change, who shall record the same.
12(8) If any default is made in complying with the requirements 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.
ORDER
6. The Company has not maintained its registered office pursuant to sub-section (1) and (4) of Section 12 of the Act w.e.f. 23.12.2021 (date of spot inspection conducted by this office) thereby attracting penal provisions under sub-section (8) of Section 12 of the Companies Act, 2013. The offence is of serious nature since non-maintenance of registered office by the company put itself out of reach of stakeholders/regulatory authorities and other concerned.
7. Having considered the facts and circumstances of the case, the A.O. do hereby impose maximum penalty on Company and Directors as per table below for violation of sub-section(1) of Section 12 of the Companies Act, 2013. The A.O. is of the opinion that penalty is commensurate with the aforesaid failure committed by the Noticee’s.
| No of Days of Default * |
Penalty imposed on Company /Director |
Calculation of penalty |
Maximum penalty can be imposed |
Penalty imposed by the A.O. (In Rs.) |
| A | B | C | D | E |
| 301 Days |
On
Company |
1000 X 301= Rs.3,01,000/- | Rs.1,00,000/- | Rs.1,00,000/- |
| Abhishek Kumar Gupta | 1000 X 301= Rs. 3,01,000/- | Rs.1,00,000/- | Rs.1,00,000/- | |
| Ved Prakash | 1000 X 301= Rs. 3,01,000/- | Rs.1,00,000/- | Rs.1,00,000/- |
*No. of days have been calculated from 03.01.2022 till the date of this order. *No. of days have been calculated from 23.12.2021(date of spot inspection conducted by this office) till the date of this order.
8. The company and its directors are hereby directed to pay the penalty amount as per column no. ‘E’ of above-mentioned table through the Ministry of Corporate Affairs portal only, under intimation to this office.
9. The company and its directors are hereby directed to rectify the default immediately from the date of receipt of copy of this Order.
10. Appeal 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 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 Companies (Adjudication of Penalties) Rules, 2014 as amended by Companies (Adjudication of Penalties) Amendment Rules, 2019].
11. Your attention is also invited to section 454(8) of the Act regarding consequences of non-payment of penalty.
12. In terms of the provisions sub-rule (9) of Rule 3 of Companies (Adjudication of Penalties) Rules, 2014 as amended by Companies (Adjudication of Penalties) Amendment Rules, 2019, copy of this Order is being sent to the company Fish Catch Ecommerce Private Limited and its directors (Shri Abhishek Kumar Gupta and Shri Ved Prakash) 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
Registrar of Companies Goa, Daman & Diu(i/c)
&
Adjudicating Officer
