MCA imposes Rs. 3 Lakh Penalty on Company & Directors for not maintaining its registered office

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. 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.

The Company has not maintained its registered office pursuant to sub-section (1) of Section 12 of the Act w.e.f. 18.05.2018 till date of this order, thereby attracting penal provisions under sub-section(8) of Section 12 of the Companies Act, 2013.

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/Sec-12/2022/02/267-270 Dated:- 30th May, 2022

Sub:  – Forwarding Order of Adjudication of Penalty for violation of section 203 of the Companies Act, 2013 read with Companies (Adjudication of Penalties), 2014 in the matter of  Pisces Exim (India) Private Limited CIN: U74900GA2009PTC006231 – reg.,

Sir,

With reference to the subject cited above, please find enclosed herewith a copy of the Order vide no. ROCGDD/ AO/Sec-12/2022/02 dated 30.05.2022 passed by this office for needful action.

Yours faithfully,

(Jayant Arya)
Registrar of Companies(i/c)
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: ROC G DD/AO/Sec-12/2022/02)

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:

PISCES EXIM (INDIA) PRIVATE LIMITED

U74900GA2009PTC006231

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 31-3­2914] 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. Pisces Exim (India) Private Limited [herein after known as the Company] CIN: U74900GA2009PTC006231 is a registered company with the office of the Registrar of Companies, Goa, Daman and Diu and having its registered address as Row Bungalow No.5, Valmiki Baug, Mungul, Margao, Goa 403601,India as per records maintained by this office in online registry.

Show Cause Notice, Reply and Personal Hearing:-

3. This office received a complaint against the affairs of the Company which was taken up with the Company vide this office letters no. ROCGDD/206(4)/ PISCES EXIM/ 1132-1136 and ROCGDD/207/ PISCES EXIM/1802-1804 dated 18.05.2018 and 12.07.2018 respectively. However, the said letters have been returned back undelivered with postal remark “Left Return to Sender”. Thereafter, on physical verification of the registered office by official of this office, no registered office was found.

4. The Show Cause Notices (SCN) under Section 12(8) of the Companies Act, 2013 were issued vide no ROCGDD/TS/PISCES/67-69 dated 25.04.2022 to Company and its Directors, namely Mr. Pravin Kumar Somalal Rathod (DIN:06557419) and Mr.Manoj Kumar (DIN:07641213). 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 SCN dated 30.11.2018 received by this office from the company and its directors. The said notices have been returned back undelivered with postal remark “Left Return to Sender”.

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) of Section 12 of the Act w.e.f. 18.05.2018 till date of this order, thereby attracting penal provisions under sub-section(8) of Section 12 of the Companies Act, 2013.

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 have been calculated from 02.11.2018 till the date of this order.

8. The Noticee shall pay the amount of Penalty through the Ministry of Corporate Affairs portal only under intimation to this office.

9. 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].

10. Your attention is also invited to section 454(8) of the Act regarding consequences of non-payment of penalty.

11. 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 Pisces Exim (India) Private Limited at Row Bunglow No.5, Valmiki Baug, Mungul, Margao, Goa ­403601, India, Mr. Pravin Kumar Somalal Rathod(DIN:06557419) at 5/201, W.E. Highway, Near Mahananda Dairy, Bimbisar Nagar, Goregaon East, Mumbai 400 065, India, Mr. Manoj Kumar (DIN: 07641213) Raju Prasad Guriawan, Gaya, Bihar-824232,India and also to Office of Regional Director(WR), Ministry of Corporate Affairs, 100, Marine Drive, Everest Building, Mumbai-400002.

Place:- Panaji, Goa
Date:- 30.05.2022

Registrar of Companies Goa, Daman & Diu (i/c)
&
Adjudicating Officer