The Registrar of Companies, Mumbai, adjudicated a case under Section 454 of the Companies Act, 2013 against a company and its directors for violating Section 12(8) due to non-maintenance of a registered office as required under Section 12(1). An inquiry revealed that a notice sent by the ROC in 2021 was returned undelivered with the remark “Not Known,” indicating the company was not operating from its registered address. Despite being given opportunities to respond and attend an e-hearing, the company and its officers failed to appear or provide explanations. Considering the continued default of 1,562 days, the Adjudicating Officer imposed the maximum penalty of ₹1,00,000 each on the company and both directors. The order directed them to maintain a registered office and pay the penalty within 90 days, with the right to appeal within 60 days under Section 454(5) and (6) of the Act.
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/00834 Dated: 10/11/2025
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 GAURIK TRADING PRIVATE LIMITED [herein after known as Company] bearing CIN U51900MH2018PTC314907, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 331, FLOOR 2, MEZZ AMRUT DIAMOND HOUSE, TATA ROAD NO.1,ROXY CINEMA, OPERA HOUSE NA MUMBAI MUMBAI CITY MAHARASHTRA INDIA 400004
Individual details:
In the matter relating to SUKHADEV SINGH [herein after known as individual] having DIN 08577359 and having its address at ___________
In the matter relating to DEVANATH YOGI [herein after known as individual] having DIN 08577373 and having its address at ___________
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 – Whereas the office of the Director General of Corporate Affairs, Ministry of Corporate Affairs vide letter no. 03/82/2020/CL-II dated 17.03.2020 directed the office of Registrar of Companies, Mumbai (hereinafter referred to as the ROC) to conduct an inquiry under Section 206(4) of the Companies Act, 2013 in the matter of Gaurik Trading Private Limited. Accordingly, the said inquiry was conducted, and an inquiry report was submitted on 31.05.2023.
Whereas the IO in his inquiry report observed that the ROC issued notice under section 206(4) dated 02.08.2021 to the Company but the said notice was returned undelivered with postal remark, NOT KNOWN. Hence, the Company was not maintaining its registered office, in contravention of provisions of Section 12(1) of the Act.
2. As no reply was received to the show-cause notice on the E-adjudication portal. Hence, the Adjudicating officer granted another opportunity of being heard to the noticees and scheduled a E-hearing on 21.08.2025. Accordingly, a notice bearing ID: EH/ADJ/08-2025/MB/00689 dated 07.08.2025 was issued.
E. Order:
1. A. A Show Cause notice bearing ID: SCN/ADJ/06-2025/MB/02052 dated 08.07.2025 was issued to Company and its Officers in default (hereinafter referred to as the noticees) under Section 454 read with Section 12(8) for non-maintenance of its registered office of the Company in compliance with the provisions of section 12(1) of the Act.
B. No reply was received to the aforesaid show-cause notice on the E-adjudication portal.
C. However, the Adjudicating officer granted another opportunity of being heard to the noticees and issued a notice bearing ID: EH/ADJ/08-2025/MB/00689 dated 07.08.2025 for the same. The said e-hearing was scheduled on 21.08.2025. However, none of the noticees appeared before the adjudicating officer.
D. Based on IO report, it is observed that the notice dated 02.08.2021, issued by the office of the Registrar of Companies, was returned undelivered with postal remark Not Known and thus, the Company has failed to maintain its registered office at the aforementioned registered office premises. Accordingly, the Company and its Officers in default shall be liable to a penalty of Rs. 1000/- per day for continued default of 1562 days (that is from 02.08.2021 till the date of order) subject to maximum of Rs. 1,00,000/- (Rupees One Lakhs only) under the provisions of Section 12(8) of the Act.
E. The paid-up capital of the Company is Rs. 1,00,000/- but its turnover is not known due to non-filing of the financial statements since incorporation by the Company. Therefore, the Subject Company is not considered as a Small Company under the provisions of Section 2(85) of the Act.
F. Now, in exercise of the powers conferred on the Adjudicating Officer vide Notification dated 24th March 2015, having considered the facts and circumstances of the case, I hereby impose penalty of Rs. 1,00,000/- (Rupees One Lakhs only) each on the Company and its Officers in default namely Sukhadev Singh (Director) and Devanath Yogi (Director) under the penal provisions of Section 12(8) of the Act for default of provisions of Section 12(1) of the Act.
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 | GAURIK TRADING PRIVATE LIMITED having CIN as U51900MH2018P TC314907 | The Company and its officers in default are directed to maintain registered office as required under Section 12(1) of the Companies Act, 2013 | 100000 | 0 | 100000 |
| 2 | SUKHADEV SINGH having DIN as 08577359 | The Company and its officers in default are directed to maintain registered office as required under Section 12(1) of the Companies Act, 2013 | 100000 | 0 | 100000 |
| 3 | DEVANATH YOGI having DIN as 08577373 | The Company and its officers in default are directed to maintain registered office as required under Section 12(1) of the Companies Act, 2013 | 100000 | 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
