The Registrar of Companies, Chennai, acting as Adjudicating Officer under Section 454 of the Companies Act, 2013, passed an ex-parte order holding a private company and its two directors liable for violating Section 12 of the Act for failure to maintain a registered office capable of receiving official communications. A complaint alleging financial cheating and shell-company activity prompted the ROC to issue correspondence, which was returned undelivered, establishing non-maintenance of the registered office. Despite notices for e-adjudication and a scheduled e-hearing, neither the company nor its directors responded or appeared, leading to proceedings in their absence under the Companies (Adjudication of Penalties) Rules, 2014. The Adjudicating Authority concluded that the statutory default under Section 12(8) was established and imposed penalties of ₹83,000 each on the company and on both directors, within the prescribed maximum. The order directs rectification of the default and payment of penalties within 90 days through the MCA e-Adjudication portal, with a right of appeal to the Regional Director, Chennai.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Chennai
Registrar Of Companies, Block No.6,B Wing 2nd Floor, Shastri Bhawan 26, Haddows Road, Chennai, Tamil Nadu, India,
600034
Phone: 044-28276652/28276654
E-mail: roc.chennai@mca.gov.in
Order ID: PO/ADJ/12-2025/CN/01173 Dated: 06/01/2026
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 INDIAN FINANCIAL SERVICES PRIVATE LIMITED [herein after known as Company] bearing CIN U65999TN2016PTC104640, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 173 / 22, PILLARS GATE OPP ANNA STADIUM 173 / 22, PILLARS GATE OPP ANNA STADIUM NA NAGERCOIL KANYAKUMARI TAMIL NADU INDIA 629001
Individual details:
In the matter relating to WISELY SARMY [herein after known as individual] having DIN 07187098 and having its address at 6/59, KALAPPARAI KAPPUKADU POST, KANYAKUMARI DIST. 6/59, KALAPPARAI KAPPUKADU POST, KANYAKUMARI DIST. MARTHANDAM TAMIL NADU INDIA 629162
In the matter relating to ELIAS ELMOSERGIN [herein after known as individual] having DIN 07187107 and having its address at 6/59, KALAPPARAI KAPPUKADU POST, KANYAKUMARI DISTRICT 6/59, KALAPPARAI KAPPUKADU POST, KANYAKUMARI DISTRICT MARTHANDAM TAMIL NADU INDIA 629162
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:
Default committed by the officers in default/noticee – A complaint has received from Mr. Purnendu Das against the company Indian Financial Services Private Limited (CIN: U65999TN2016PTC104640) wherein it was alleged that the company cheating people financially across the country and acting as shell company.
The Registrar of Companies, Chennai has forwarded the company to the company vide letter dated 11.02.2025, but letter sent to the company was returned/undelivered. Thus, it is apparent that the company has not been maintaining its registered office which is in contravention of Section 12 of the Companies Act, 2013. In view of the above, the company and every officer of the company who is in default shall be liable under Section 12(8) of the Companies Act, 2013.
2. The Adjudicating Authority had issued noticed notice for e-Adjudication on 02.04.2025 but no reply has been received from the Company or its Directors. Further, the Adjudicating Authority had issued notice dated 06.05.2025 for e-Hearing, scheduled on 09.05.2025. Neither the Directors nor their authorized representatives attended the hearing scheduled on 09.05.2025. Therefore, as per Rule 3(8) of the Companies (Adjudication of Penalties) Rules 2014, the matter is being proceeded with in the absence of such person (ex-parte).
E. Order:
1. The Registrar of Companies, Chennai has received a Complaint against the Company wherein it was alleged that the Company has been cheating people financially across the Country and acting as shell companies and has forwarded the order vide letter dated 11.02.2025, but the letter sent to the Company was returned/undelivered on 15.02.2025. Hence, it is apparent that the Company has not been maintaining its registered Office as mandated by the provision of Section 12 of the Companies Act, 2013. Therefore, the Company and every officer who is in default shall be held liable under Section 12(8) of the Companies Act, 2013.
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 | INDIAN FINANCIAL SERVICES PRIVATE LIMITED having CIN as U65999TN2016P TC104640 | 83000 | 0 | 100000 | |
| 2 | WISELY SARMY having DIN as 07187098 | 83000 | 0 | 100000 | |
| 3 | ELIAS ELMOSERGIN having DIN as 07187107 | 83000 | 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 Chennai 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.
B SRIKUMAR,
Registrar of Companies
ROC Chennai
