Penalty Imposed for not mentioning DIN in Form AOC-4

The Registrar of Companies (ROC) in Kerala imposed a penalty on M/s. Saint Philomenas Koonammavu Nidhi Ltd for failing to include the Director Identification Number (DIN) in the financial statements attached to Form AOC-4 for the financial year ending 31st March 2020. This violation of Section 158 of the Companies Act, 2013, resulted in the company and its officers being liable for penalties under Section 172. Although the company had complied with filings for the other years, the omission of the DIN was a critical violation. The company had filed for adjudication and admitted the violation during the hearing, requesting a minimum penalty. The penalty was imposed, with the company required to pay the fine within 90 days, and the option for an appeal within 60 days if dissatisfied with the ruling. As the company is a Nidhi company, it is not eligible for reduced penalties under Section 446B of the Act.

Ministry of Corporate Affairs
Registrar of Companies, Kerala & Lakshadweep
First Floor, Corporate Bhawan, B.M.C. Road,
Thrikkakara, Kochi — 682 021, Kerala.
roc.ernakulamWmca.gov.in

ROC(K)/Adj S.158/ Saint Philominas Nidhi/2916/2024 Dated:07.11.2024

BEFORE THE ADJUDICATING OFFICER
REGISTRAR OF COMPANIES KERALA AND LAKSHADWEEP

Adjudication order passed under Section 454 of the Companies Act 2013 for the violation of Section 158 r/w Section 172 of the said Act in the matter of M/s. SAINT PHILOMENAS KOONAMMAVU NIDHI LIMITED.

1. Appointment of Adjudicating Officer

The Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/2014-Ad.II, dated 24.03.2015 has appointed Registrar of Companies, Kerala as Adjudicating Officer in exercise of the powers conferred by section 454(1) of the Companies Act, 2013 (hereinafter referred as Act or Companies Act, 2013) r/w Companies (Adjudication of penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.

2. Company

Whereas Company M/s. SAINT PHILOMENAS KOONAMMAVU NIDHI LIMITED, CIN: U65990KL2019PLC057466 (herein after referred as Company) is a registered company with this office under the Companies Act, 2013 having its registered office situated at 11/324, St. Philomenas Sadhujana Sangham No.145, Koonammavu P.0, Ernakulam 683518, Kerala, India, 683518 as per the MCA website. The financial & other details of the subject company as available on MCA-21 portal is stated as under:

KMP as per section 2(51) during the period of violation:

3. Relevant Provisions of the Companies Act, 2013

Section 158. Obligation to Indicate Director Identification Number

Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.

Section 172.Penalty

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.

4. Facts of the case:

The Ministry vide order dated 06.07.2023 rejected the form NDH-4 (Form for filing application for declaration as Nidhi and for updation of Status by Nidhi) filed by the company M/s. Saint Philomenas Koonammavu Nidhi Limited (vide SRN: R45917077 dated 15.07.2020) wherein it was mentioned that “the Directors Identification Number (DIN) of the directors was not mentioned in the financial statements attached with Form AOC-4 for 31.03.2020, resulting in violation of Section 158 of the Companies Act,2013.

Thereafter, the company has filed an application GNL-1 vide SRN: F95851432 dated 31.05.2024 before this office requesting for suo-moto adjudication of non-compliance of Section 158 r/w Section 172 of the Act by the company and the Adjudicating Authority had issued Adjudication Notice dated 04.09.2024 to the company. The company has submitted its reply vide letter dated 19.09.2024 stating that the company has filed the Form AOC-4 for the past 5 years and the director’s DIN missed only once in the FS filed in the year 2020 and all other filings were done correctly.

Hence, the Adjudicating Authority had issued notice of hearing dated 25.10.2024 by fixing the hearing on 05.11.2024 at 12.00 PM. The authorised representative of the company/director (KMP), Sri. Paul T.S who is also the present director and Ms. Roja Paul Ambooken, Company Secretary, attended the hearing. They admitted the violation and requested for minimum penalty.

It is noticed that the director’s DIN was not mentioned in the signed financial statements attached with Form AOC-4 for the financial year ending on 31.03.2020. Therefore, the company has contravened Section 158 of the Act and the company and its Officer in default are liable for penalty under Section 172 of the Companies Act,2013.

The company being a Nidhi company does not fall under the definition of small company as per provision of section 2(85) of the companies Act, 2013. Therefore, imposing the provision lesser penalty as per section 446B shall not be applicable in this case.

8. Decision

Having considered the facts and circumstances of the case, and after taking into account the above factors, I hereby impose a penalty as prescribed under Section 158 read with 172 of the Act. The details of the penalty imposed on the Company and Officers in default are shown in the table below:

9. The noticee shall pay the amount of penalty individually (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, by filing eform INC-28.

10. Appeal against this order, if aggrieved and if so advised, may be filed in writing with the Regional Director (SR), Ministry of Corporate Affairs, Chennai 600 006, 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) & (6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014}.

11. Your attention is also invited to section 454(8) of the Act in the event of non-compliance with this order.

(ANU VIVEK, ICLS)
(Adjudicating Officer)
Registrar of Companies
Kerala & Lakshadweep