The document is an order from the Registrar of Companies (ROC) in Ahmedabad, a department under the Ministry of Corporate Affairs, imposing a penalty on Milcent Appliances Private Limited and its directors. The penalty is for a violation of Section 172 of the Companies Act, 2013, which relates to a general provision for penalizing non-compliance where no specific punishment is outlined elsewhere. The adjudication was initiated after the company’s initial compounding application was rejected by the Directorate, as no company representatives attended the scheduled hearings.
The violation in question stems from the company’s failure to comply with Section 167 of the Act. The company was required to file an e-form (DIR-12) to report that one of its directors, Mr. Pradipkumar Jashbhai Patel, had vacated his office after failing to attend five consecutive board meetings in 2015-16. The form was due by May 19, 2016, but was not filed until March 12, 2019, resulting in a delay of 1027 days. The company’s compounding application was rejected, leading the ROC to initiate formal adjudication proceedings.
Based on the proceedings, a penalty of $1,50,000 was imposed on Milcent Appliances Private Limited. A separate penalty of $50,000 was imposed on Mrs. Jayshreeben Patel Rohitkumar, a director. The order notes that no penalty was levied on Mr. Rohitkumar Jashbhai Patel due to his reported death on November 10, 2022. The company and the director have a period of 90 days to pay the penalty through the Ministry of Corporate Affairs’ ‘e-Adjudication’ portal, with the individual’s penalty required to be paid from personal funds. An appeal against the order can be filed within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Ahmedabad
Registrar Of Companies, ROC Bhavan ,
Opp Rupal Park Society,
Behind Ankur Bus Stop, Naranpura,
Ahmedabad, Gujarat, India, 380013
Phone: 079-27438531
E-mail: roc.ahmedabad@mca.gov.in
Order ID: PO/ADJ/08-2025/AD/00583 To 2249 &2251 Dated: 12/08/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (`THE ACT’) FOR VIOLATION OF SECTION 172 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 MILCENT APPLIANCES PRIVATE LIMITED [herein after known as Company] bearing CIN U32201GJ1987PTC010122, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 8th Floor, Shaligram Corporates C J Marg, Ambli, Ahmedabad – 380058 8th Floor, Shaligram Corporates C J Marg, Ambli, Ahmedabad – 380058 NA Ahmedabad Ahmedabad Gujarat India 380058
Individual details:
The matter relating to ROHITKUMAR JASHBHAI PATEL [herein after known as individual] having DIN 00088482 and ilting its address at GARGI BUNGLOW,BH. ATIT BUNGLOW GARGI BUNGLOW,BH. ATIT BUNGLOW ANAND Gujarat India 388325
In the matter relating to JAYSHREEBEN PATEL ROHITKUMAR [herein after known as individual] having DIN 00868474 and having its address at Gargi Bunglows, B/H Atit Bunglow Karamsad Gargi Bunglows, B/H Atit Bunglow Karamsad Anand Gujarat India 388325
C. Provisions of the Act:
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.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The company had filed compounding application in GNL-1 vide SRN H644673635 on 13.06.2019 for default committed u/s 167 of the Companies Act, 2013. In its application, the company submitted that Mr. Pradipkumar Jashbhai Patel vacated the office as director of the Company u/s 167(1)(b) of the Companies Act, 2013 as he absented himself from all five Board Meeting held during financial year 2015-16 on 01.04.2015, 22.06.2015, 03.09.2015, 31.12.2016 and 31.03.2016 for which notices were served to him through hand delivery. E-form DIR-12 was required to be filed by the company within 30days of board resolution dated 20.04.2016 passed for vacation of office by Mr. Pradipkumar Jashbhai Patel by 19.05.2016. The Company has filed e-form DIR-12 with respect to vacation of office by Mr. Pradipkumar Jashbhai Patel on 12.03.2019 vide SRN H46986089 by delay of 1027 days. Accordingly, this office has sent report to the Directorate vide this office report dated 21.06.2024. The Directorate has rejected the application stating that the personal hearings were fixed in the matter on 08.10.2024 & 08.11.2024. However, none attended the hearing, not any adjournment has been sought by the applicants in reference to this Directorate’s e-mail dated 01.10.2024 and 24.10.2024 which reveals that the applicants are not interested in pursuing the matter and hence, the compounding application deserves to be rejected. In the Order dated 14.11.2024, the Directorate has issued directions to ROC, Ahmedabad to initiate legal action against the applicants for violation of Section 167 of the Companies Act, 2013. The DGCoA vide e-mail dated 11.05.2022 has instructed that all cases filed under Companies Act, 1956 and Companies Act 2013 can be considered under In house Adjudication Penalty Mechanism (1AM). The Ministry has directed that all cases files under CA, 1956 and CA, 2013 can be considered for adjudication process which are now decriminalized (earlier prosecutions to be filed by Companies Amendment Act effective from 02.11.2018 and further Amendment in 2020 effective from 28.09.2020). By keeping in mind, the ease of doing business in India and in compliance to the instructions of the Ministry, the matter should be considered to take cognizance of the default committed for the financial year 2016-17 to 2018- 19 under In house Adjudication Penalty Mechanism (IAM). Accordingly, in view of the above and as per the directions received in physical file vide dated 29.11.2024, Adjudication proceedings are being initiated against the company/officer’s in default u/s 454 of the Act for violation of Section 167 of the Companies Act, 2013 None of the representatives of the company/ officers appeared during the adjudication proceedings
E. Order:
1. As per the written representation of the company, one of the Director Mr. ROHITKUMAR JASHBHAI PATEL was demise on 10.11.2022. The company further submitted that the company falls under the ambit of small company. In view of the Above, No penalty should be imposed on demise person. Hence, penalty is being imposed Rs. 1,50,000 on company and Rs. 50,000 on Mrs. JAYSHREEBEN PATEL ROHITKUMAR.
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 | MILCENT APPLIANCES PRIVATE LIMITED having CIN as U32201GJ1987P TC010122 | 150000 | 0 | 300000 | |
| 2
10 |
ROHITKUMAR JASHBHAI PATEL having DIN as 00088482 | 0 | 0 | 100000 | |
| 3 | JAYSHREEBEN PATEL ROHITKUMAR having DIN as 00868474 | 50000 | 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 Ahmedabad 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].
For or penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Keerthi Narayana,
Registrar of Companies
ROC Ahmedabad
