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/Comp1/19726/2173 Dated: 30.11.2022
Order for penalty for violation of section 12(1) r/w 12(4) of the Companies Act, 2013
M/S. CHAKRA VISION MUTUAL BENEFIT INDIA LIMITED
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.
1. Whereas, Company M/s. Chakra Vision Mutual Benefit India Limited, CIN: U65992BR2013PLC019726 (herein after known as Company) is a company incorporated on 07.01.2013 under the provisions of Companies Act, 1956/ 2013 in the state of Bihar and having its registered office situated at 302-3rd Floor, Divyan Complex, Kankarbagh Main Road, Near Singh Bajaj Showroom Patna Bihar 800020, India as per MCA website.
Facts about the case:–
2. Whereas, office of the Registrar of Companies, Bihar-cum-Official Liquidator, High Court, Patna, has issued letter no. ROC/Pat/Complaint/BR/19726/ 6334 dated 13.07.2017 to the company and its directors; however the said letter addressed to the company returned undelivered in this office. Therefore, it appears that the company is not maintaining registered office as required under section 12(1) of the Companies Act, 2013.
3. That, this office has issued show cause notice under section 12 of the Companies Act 2013, dated 11.12.2018 to the company and its director but no reply has yet been received from them. Hence it appears that the provisions of Section 12 of the Companies Act, 2013 has been contravened by the company and its director and therefore they are liable for penalty u/s 12(8) of the Companies Act, 2013.
4. 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 even,/ 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”.
Section 12(8) – If any default is made in complying 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 faith rupees”.
5. Further, section 446B states that, “if penalty is payable for non-compliance of any of the provisions of this Act by a One Person Company, Small Company, Start-up company or Producer Company, or by any of its officer in default, or any other person in respect of such company, then such company, its officer in default or any otter person, as the case may be, shall be liable to a penalty which shall not be more than one-half of the penalty, specified in such provisions subject to a maximum of two laths rupees, in case of a company and one latch rupees in case of an officer who is in default or any other person, as the case may be”.
6. As per clause 85 of section 2 of the Companies Act, 2013 small company means a company whose paid up capital and turnover shall not exceed rupees four crore and rupees forty crore respectively. As per MCA portal, paid up capital of the company Chakra Vision Mutual Benefit India Limited is Rs. 1500000 as regards as turnover, the company has not filed its balance sheet since incorporation, hence turnover could not be ascertained.
7. Whereas, this office had issued “Notice for Hearing” vide No. ROC/S-12/BR/19726/2010-2013 dated 10.11.2022 to the company and its director/officers in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 29.11.2022 at 11:30 a.m.) and also to submit their response, if any, one working day prior to date of hearing i.e. 28.11.2022, however the letter addressed to the company returned undelivered with the postal remarks “Left”.
8. 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., Chakra Vision Mutual Benefit India Limited.
9. Having considered the facts and circumstances of the case and after taking into account the factors above, I hereby impose a penalty of Rs. 100000 (one lakh) on the company and Rs. 100000 (one lakh) each on the 3 (three) directors of the company under section 12(8) of the Act for failure in compliance of section 12(1) and 12(4) of the Companies Act, 2013.
10. 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 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.
11. 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 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}.
12. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna