The Registrar of Companies in Patna issued penalties against Unique Bharati Publication Private Limited and its directors for violating Section 158 of the Companies Act, 2013. The violation involved the omission of Directors’ Identification Numbers (DINs) in the company’s financial statements for the financial years ending on March 31, 2015, and March 31, 2016. Despite receiving notice from the Registrar on July 26, 2024, the company did not respond. As a result, penalties were imposed under Section 172 of the Act. The penalties, which considered the company’s status as a small company, amounted to ₹1.5 lakh each for the company and its directors, Shri Shailendra Kumar Jaiswal and Smt. Poonam Devi, for each year of default. The total penalty for the two fiscal years was ₹5 lakh. The penalties must be paid within 90 days, with an option to appeal to the Regional Director, Ministry of Corporate Affairs, Kolkata, within 60 days. Failure to comply with the order will result in further legal consequences under Section 454(8) of the Companies Act, 2013.
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies,
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
Phone No: (0612)- 2216150/2950121
Email ID : [email protected]
Website : www.mca.gov.in
Order No. ROC/ PAT/ Inquiry/17317/725 Dated: 22.08.2024
Order for penalty for violation of section 158 of the Companies Act, 2013
UNIQUE BHARATI PUBLICATION PRIVATE LIMITED CIN: U22190BR2011PTC017317
Company:-
1. Whereas, Company M/s. Unique Bharati Publication Private Limited, CIN: U22190BR2011PTC017317 (herein after known as Company) is a company incorporated on 10.08.2011 under the provisions of Companies Act, 2013 in the state of Bihar and having its registered office situated at Ashokraj Path, Infront of Patna College, Bankipur, Patna, Bihar, 800004 India as per MCA website.
Facts about the case:-
2. Whereas, during the course of inquiry, It is observed that the financial statements filed for the financial year ended on 31.03.2015 and 31.03.2016 dated 01.09.2015 and 01.09.2016 does not consist of Director’s Identification No. (DIN) thereby leading to the violation of Section 158 of the Companies Act, 2013 for the abovementioned period.
3. This office has issued notice under section 158 of the companies Act, 2013 to the company and its directors vide letter dated 26.07.2024, for which no reply has been received.
4. Hence, it appears that the provisions of Section 158 of the Companies Act, 2013 has been contravened by the company and its directors/officers in default and therefore they are liable for penalty under section 172 of the Companies Act, 2013.
Section 172:- “If a company is in default in complying with any of the provisions of this chapter and for which no specific penalty or punishment is provided therein, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default”.
5. 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-Unique Bharati Publication Private Limited is Rs. 2,00,000 and as regard to turnover, the company has shown turnover of Rs 9,96,449 in the AOC-4 filed with this office for year ending 31.03.2016. Therefore, the benefits of small company is extended to this company while adjudicating penalty.
ORDER
6. Therefore, 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 172 of the Act for failure in compliance of section 158 of the Companies Act, 2013.
| Financial Year | Company/ Officers to whom penalty imposed |
Date of Board of directors meeting | No. of days in default | Penalty for defaults (Rs.) as per Section 172 of the Act | Maximum Penalty (Rs.) | Penalty Imposed (Rs.) As per section 446B |
| 2014-15 | Unique Bharati Publication Private Limited | 01.09.2015
|
3279 days (01.09.2015 to 22.08.2024) | Rs. 16,89,000 (50000 + 3278 X 500) | Rs. 3,00,000 | Rs. 1,50,00 |
| Shri Shailendra Kumar Jaiswal | 01.09.2015
|
3279 days (01.09.2015 to 22.08.2024) | Rs. 16,89,000 (50000 + 3278 X 500) | Rs. 1,00,000 | Rs, 50,000 | |
| Smt. Poonam Devi | 01.09.2015 | 3279 days (01.09.2015 to 22.08.2024) | Rs. 16,89,000 (50000 + 3278 X 500) | Rs. 1,00,000 | Rs, 50,000 | |
| 2015-16 | Unique Bharati Publication Private Limited | 01.09.2016 | 2913 days (01.09.2016 to 22.08.2024) | Rs. 15,06,500 (50000 + 2912 X 500) | Rs. 3,00,000 | Rs. 1,50,00 |
| Shri Shailendra Kumar Jaiswal | 01.09.2016 | 2913 days (01.09.2016 to 22.08.2024) | Rs. 15,06,500
(50000 + 2912 X 500) |
Rs. 1,00,000 | Rs, 50,000 | |
| Smt. Poonam Devi | 01.09.2016 | 2913 days
(01.09.2016 to 22.08.2024) |
Rs. 15,06,500 (50000 + 2912 X 500) | Rs. 1,00,000 | Rs, 50,000 |
7. 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.
8. 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) and 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014}.
9. 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 86
Registrar of Companies-Cum-
Official Liquidator, Patna.
