The Ministry of Corporate Affairs has imposed a penalty on M/s NALAM MAHALIR NIDHI LIMITED and its directors for non-compliance with Section 12 of the Companies Act, 2013. The violation involves the company’s failure to file the e-form INC-22 within the stipulated time. The company had voluntarily approached the Registrar of Companies, Coimbatore, seeking adjudication of the penalty. During the hearing on August 13, 2024, the authorized representative of the company argued that the delay was unintentional and due to inadvertence. However, as per Section 12 of the Companies Act, a company must have a registered office capable of receiving communications within 30 days of incorporation and must furnish verification of the registered office to the Registrar within the same period. The adjudicating officer, after considering the facts, imposed a total penalty of ₹4,00,000—₹1,00,000 each on the company and three of its directors. The penalty must be paid through the Ministry of Corporate Affairs portal, and the company is required to file Form INC-28 with the attached order and proof of payment. An appeal against this order may be filed within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
OFFICE OF THE REGISTRAR OF COMPANIES
TAMILNADU — COIMBATORE
No.7 A G T BUSINESS PARK, PHASE II,
1ST FLOOR, PEELAMEDU,
COIMBATORE – 641014
e-Mail [email protected]
Order Ref: ROC/CBE/A.O./12/28644/2024 Date: 13.08.2024
Order for Penalty under Section 454 for violation of Section 12 of the Companies Act, 2013
read with the Companies (Adjudication of Penalties) Rules, 2014
IN THE MATTER OF M/s .NALAM MAHALIR NIDHI LIMITED
CIN: U64990TZ2023PLN028644
Appointment of Adjudicating Officer:
1. Ministry of Corporate Affairs vide its Gazette Notification No.A-42011/112/2014-Ad.II dated 24.3.2015 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by Section 454 of the Companies Act, 2013 (hereinafter known as Act) read with Companies (Adjudication of penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
2. Company:
Whereas Company M/s NALAM MAHALIR NIDHI LIMITED (hereinafter Known as Company) is a registered company with this office under the provisions of Companies Act, 1956/2013 having its registered address at NO. 3/341, Viralipatti, Vadakattupatti Post, Vadakattupatti, Dindigul – 624 304.
Facts of the case:
3. The company and its directors have filed suo-moto application in this office on 05.04.2024 for adjudication of the penalty for violation of section 12 of the Companies Act, 2013.
4. The undersigned in exercise of power conferred under sub section 4 of section 454 of the Companies Act, 2013 with a view to give a reasonable opportunity of being heard before imposing any penalty, fixed the date of hearing on 13/08/2024 at 12.00 Noon to adjudicate the penalty for violation of provision of section 12 of the Companies Act, 2013.
5. In response to the hearing notice dated 13/08/2024 issued by the undersigned, the Company and its Officer in default vide authority letter dated 20/03/2024 have authorized Mr. N. H. Venkataraman, Practicing Company Secretary to appear and represent before the adjudicating authority-Registrar of Companies, Coimbatore on the above given date and time for oral and written submission and to all acts and things as may be necessary and incidentally in the matter.
6. During the hearing on 13/08/2024 , Practicing Company Secretary and authorized representative of the Respondent made submissions that the non-filing of e-form INC-22 within specified time was not wilful and there was no malafide intention and the non-compliance was due to inadvertence.
Provisions of the Companies Act, 2013
7. Sub-Section (1) of Section 12 of the Act provides that a company shall, [within thirty days of its incorporation] and at all times, thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it.
8. Sub-section (2) of Section 12 of the Act provides that the company shall furnish to Registrar verification of its registered office within a period of thirty days of its incorporation in such manner as may be prescribed.
9. Sub-section (8) of section 12 of the Act provides that 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
10. Having considered the facts and circumstances of the case and the submissions made by the authorized representative of the Respondent, the Adjudicating officer do hereby impose penalty on Company and its directors as per Table below for violation of Section 12 of the Companies Act, 2013. The penalties imposed as under should be paid by the Respondents as per Law and submit the copies of Challan to this office. The company should file the INC 28 with attachment of this order and copy of aforesaid Challan.
| S. No | Name of the Respondents | Amount(In Rupees) |
| 1. | M/s NALAM MAHALIR NIDHI LIMITED | 1,00,000 |
| 2. | Shri. IRUDAYARAJ SESURAJ | 1,00,000 |
| 3. | Smt. JESURAJ DHIVYA RAKINI | 1,00,000 |
| 4. | Shri. SANTHANAM MUTHUPANDI | 1,00,000 |
| TOTAL | 4,00,000 |
12. The penalty imposed shall be paid through the Ministry of Corporate Affairs portal only.
13.Appeal, if any against this order may be filed in writing with the Regional Director, Southern Region, Ministry of Corporate Affairs, 5th Floor, Shastri Bhavan, 26, Haddows Road, Chennai-600 006 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 the Companies (Adjudicating Of Penalties) Rules, 2014).
14.Your attention is also invited to Section 454(8) of the Act regarding consequences of non-payment of penalty.
15.In terms of the provisions of sub-rule(9) of Rule 3 of the Companies (Adjudication of Penalties) Rules, 2014, a copy of this order is being sent to Company 1.M/s NALAM MAHALIR NIDHI LIMITED, NO. 3/341, Viralipatti, Vadakattupatti Post, Vadakattupatti, Dindigul – 624 304. , 2. Shri. IRUDAYARAJ SESURAJ. 3. Smt. JESURAJ DHIVYA RAKINI 4. Shri SANTHANAM MUTHUPANDI.
Also to:-
1. Regional Director, Southern Region, Ministry of Corporate Affairs, Chennai.
2. Deputy Director, Legal Section, Ministry of Corporate Affairs, 5th Floor, ‘A’ Wing, Shastri Bhawan, Dr.R.P.Road, New Delhi-110001.
3. E Governance Cell, Ministry of Corporate Affairs, Shastri Bhawan, 5th Floor, ‘A’ Wing, Dr.R.P.Road, New Delhi-110001.
(BRIJESH KUMAR KAIN, ICLS)
REGISTRAR OF COMPANIES
TAMILNADU, COIMBATORE
Place: Coimbatore
Date: 13.08.2024
