The Registrar of Companies, Mumbai issued an adjudication order imposing penalties under Section 454 of the Companies Act, 2013 for violation of Section 12(8). An inquiry conducted under Section 206(4) revealed that the company failed to mention its name, registered office address, and CIN on Form MGT-9 and on the financial statements attached to Form AOC-4 for FY 2018-19, thereby violating Section 12(3)(c). Show cause notices were issued, and the officers admitted the default, stating it was an inadvertent and non-malafide error. After reviewing filings, the adjudicating officer concluded that the omission constituted a continuing default from 30.09.2019 and imposed a penalty of ₹1,000 each on the company and the managing director, with no additional penalty levied. The noticees have been directed to rectify the default and pay the penalty within 90 days through the MCA e-Adjudication portal, with a right to appeal available within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Mumbai
Registrar Of Companies, 100, Everest, Marine Drive, Mumbai, Maharashtra, India, 400002
Phone: 022-22812627,022-22812645
E-mail: roc.mumbai@mca.gov.in
Order ID: PO/ADJ/11-2025/MB/00850 Dated: 22/11/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 12(8) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 831(E) dated 24/03/2015 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by 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.
B. Company details:
In the matter relating to MARKOLINES PAVEMENT TECHNOLOGIES LIMITED [herein after known as Company] bearing CIN L99999MH2002PLC156371, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 502,A WING, SHREE NAND DHAMSECTOR 11, CBD BELAPUR 502,A WING, SHREE NAND DHAMSECTOR 11, CBD BELAPUR NA NAVI MUMBAI 400 614. MAHARASHTRA INDIA 0
Individual details:
In the matter relating to SANJAY BHANUDAS PATIL ——–
In the matter relating to VIJAY OSWAL RATANCHAND ———
C. Provisions of the Act:
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
D. Facts about the case:
1. Default committed by the officers in default/noticee – Pursuant to the order of the office of the Director General (Corporate Affairs) vide letter no. 03/212/2016/CL-II dated 02.01.2018, this office was directed to conduct an inquiry under Section 206(4) of the Companies Act, 2013 in the matter of Markolines Pavement Technologies Limited. Accordingly, an Inquiry report was submitted on 29.03.2023.
The IO in its Inquiry report observed that the Company has failed to mention the name, address of its registered address, CIN on Form MGT-9 and Financial Statements attached to AOC-4 for the Financial Year 2018-19. Therefore, the Company has violated the provisions of Section 12(3)(c) of the Companies Act, 2013 and the Company and its every officer in default shall be punishable as per Section 12(8) of the Companies Act, 2013 for violation of the aforesaid provision.
2. Noticee did not request for E-hearing and the Adjudicating officer is of the view that no E-hearing is required in the instant case.
E. Order:
1. A. A Show Cause notice bearing ID: SCN/ADJ/02-2025/MB/00611 dated 08.04.2025 was issued to the Company and its Officers in default (hereinafter referred to as the ?Noticees?) under Section 454 read with Section 12(8) of the Act on the E-adjudication module for default under Section 12(3) (c) of the Companies Act, 2013.
B. The Noticees namely Mr. Sanjay Patil, Managing Director and Mr. Vijay Ratanchand Oswal, Chief Financial Officer replied
to the said Show Cause Notice on the E-adjudication module vide letter dated 19.04.2025 and stated as follows:
i. That they admit the said default.
ii. That the Company inadvertently missed to mention the address of its registered office and CIN on the Financial
Statements and form MGT 9 and the said omission was an inadvertent error and without any malafide.
C. On perusal of the e-filing of the Company on the MCA-21, it is observed that the Company has failed to mention the relevant details such as name, registered address, CIN on the extract of Annual Return filed in E-Form MGT-9 and on the Financial Statements for the Financial year 2018-2019 attached in the E-Form AOC 4, filed vide SRN R32616625 on 08.02.2020, in contravention with the provisions of Section 12(3) (c) of the Act. Therefore, the period of default is considered as date of for MGT-9 that is 30.09.2019. Ergo, the Company and its every Officer who is in Default are liable to a penalty of Rs. 1000/- per day) under the provision of section 12(8) of the Act.
D. Now, in exercise of the powers conferred on the undersigned vide Notification dated 24th March 2015, having considered the facts and circumstances of the case, I hereby impose a penalty of Rs. Rs. 1000/- (One Thousand only) on the Company and its Officers in default namely Mr. Sanjay Patil, Managing Director under the penal provisions of Section 12(8) for violation of provisions of Section 12(3) (c) of the Act on the Company and its Officers in Default.
2. The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person on whom penalty imposed (B) | Rectification of Default required
(C) |
Penalty Amount
(D) |
Additional Penalty (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Maximum limit for Penalty (F) |
| 1 | MARKOLINES PAVEMENT TECHNOLOGIES LIMITED having CIN as L99999MH2002P LC156371 | NA | 1000 | 0 | 100000 |
| 2 | SANJAY BHANUDAS PATIL having DIN as 00229052 | NA | 1000 | 0 | 100000 |
| 3 | VIJAY OSWAL RATANCHAND having DIN as 00286756 | NA | 0 | 0 | 100000 |
3. The notified officers in default/noticee shall rectify the default mentioned above and pay the penalty, so applicable within 90 days of receipt of the order.
4. The notified officers in default/noticee shall pay the penalty amount via ‘e-Adjudication’ facility which can be accessed through the respective login IDs on the website of Ministry of Corporate Affairs and upload the copy of paid challan / SRN of e-filing (if applicable) on the ‘e-Adjudication’ portal itself. It is also directed that the penalty so imposed upon the officers in default shall be paid from their personal sources/income.
5. Appeal against this order may be filed in writing with the Regional Director, RD Mumbai within a period of sixty days from the date of receipt of this order, in Form ADJ setting for 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].
6. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Chandan Kumar,
Registrar of Companies
ROC Mumbai
