The Registrar of Companies (ROC), Mumbai, issued an adjudication order under Section 454 of the Companies Act, 2013, imposing penalties on a company and its directors for violating Section 12(8) relating to maintenance of a registered office. Following an inquiry under Section 206(4), it was found that despite filing Form INC-22 to shift its registered office, the company was not found operating at either its old or new registered addresses during inspections in 2021 and 2022. The company failed to respond to the show-cause notice and did not request an e-hearing. Considering it a continuing default for 1,378 days, the Adjudicating Officer imposed a penalty of ₹50,000 each on the company and its four directors, applying Section 446B due to its small company status. The notice directs rectification within 90 days and payment through the MCA e-adjudication portal, with the option to appeal before the Regional Director, Mumbai, within sixty 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/00839 | Dated: 11th November 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 BLT FLEXITANK LOGISTICS PRIVATE LIMITED [herein after known as Company] bearing CIN U74999MH2013PTC249436, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at B RH 6, GROUND FLOOR, CHANDRESH VILLA CHS LODHA HEAVEN, DOMBIVLI EAST NILJE KALYAN THANE MAHARASHTRA INDIA 421204
Individual details:
In the matter relating to HAOJIE JIANG . [herein after known as individual] having DIN 06739610 and having its at ___________
In the matter relating to SUNIL GANGARAM GAMRE [herein after known as individual] having DIN 07824405 and having its address at ___________
In the matter relating to HAO WEI [herein after known as individual] having DIN 08434250 and having its address at ___________
In the matter relating to RONGXIAN MU . [herein after known as individual] having DIN 06739615 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. CL-II-08/106/2021-O/o DGCoA-MCA dated 08.10.2021 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 BLT Flexitank Logistics Private Limited. Accordingly, the said inquiry was conducted, and an inquiry report was submitted on 16.08.2022.
Whereas the IO in his inquiry report observed as follows:
i. A spot inspection of the registered office of the Company situated at Office No 506, plot No. 87, Shelton Tower, Sector- 15 Belapur, Navi Mumbai, Thane 400 614 lN (hereinafter referred to as Old Registered Office) was conducted on 04.12.2021, when it was found that the Company was not situated at the abovementioned Registered office.
ii. Thereafter, the Company shifted its registered office to OFFICE NO.B-0305,PLOT NO.89, SECTOR.15,CBD BELAPUR, Navi Mumbai, Thane 400 614 lN ((hereinafter referred to as new Registered office address) with effect from 01.12.2021 by filing E-form INC 22 vide SRN T63840896 dated 14.12.2021. Accordingly, spot inspection of the New Registered office was conducted on 03.02.2022 when it was found that the Company was not situated at the abovementioned registered office, in contravention of provisions of Section 12(1) of the Act.
2. Noticees have not replied to the Show Cause notice nor requested for E-hearing. The Adjudicating officer was also of the view that no E-hearing is required in the instant matter.
E. Order:
1. A Show Cause notice bearing ID: SCN/ADJ/07-2025/MB/02236 dated 04.08.2025 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 via E-adjudication module for default under Section 12(1) of the Act.
B. No reply was received to the aforesaid Show Cause Notice nor did the noticees request for E-hearing on E-adjudication portal. Further, the Adjudicating Officer was of the view that no further hearing was required in the matter.
C. On perusal of E-filings of the Company, it is observed that the Company filed form INC-22 vide SRN T63840896 dated 14.12.2021 for shifting of registered office with effect from 01.12.2021. However, during the spot inspection conducted by the IO on 03.02.2022, it was found that the Company failed to maintain its registered office at the aforementioned address in contravention of Section 12(1) of the Act. Accordingly, the Company and its Officers in default shall be liable to a penalty of Rs. 1000/- per day for continued default of 1378 days (that is from 03.02.2022 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.
D. As per Annual Return filed for FY 2022-2023 vide E-form MGT 7A bearing SRN F87728168 on 14.12.2023 , the paid up Capital of the Company is Rs. 10,00,000/- and turnover is Rs. 9,33,69,714/-. Thus, the Company is a Small Company under the provisions of Section 2(85) of the Act. Accordingly, the Company and its officers in default are liable to penalty subject to the provisions of Section 446B of the Act.
E. Now, in exercise of the powers conferred on the Adjudicating Officer vide Notification dated 24th March 2015, I hereby impose penalty of Rs.50,000/- (Rupees Fifity Thousands only) each on the Company and its Officers in default namely Haojie Jiang (Director), Rongxian Mu (Director), Sunil Gangaram Gamre and Hao Wei (Director) under Section 12(8) read with Section 446B 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 | BLT FLEXITANK LOGISTICS PRIVATE LIMITED having CIN as U74999MH2013P TC249436 | The Company and officers in default are directed to maintain registered office premises as required under Section 12(1) of the Companies Act, 2013 | 50000 | 0 | 100000 |
| 2 | HAOJIE JIANG . having DIN as
06739610 |
The Company and officers in default are directed to maintain registered office premises as required under Section 12(1) of the Companies Act, 2013 | 50000 | 0 | 100000 |
| 3 | SUNIL GANGARAM GAMRE having DIN as 07824405 | The Company and officers in default are directed to maintain registered office premises as required under Section 12(1) of the Companies Act, 2013 | 50000 | 0 | 100000 |
| 4 | HAO WEI having DIN as 08434250 | The Company and officers in default are directed to maintain registered office premises as required under Section 12(1) of the Companies Act, 2013 | 50000 | 0 | 100000 |
| 5 | RONGXIAN MU . having DIN as 06739615 | The Company and officers in default are directed to maintain registered office premises as required under Section 12(1) of the Companies Act, 2013 | 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 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.
aem05 user05,
Registrar of Companies
ROC Mumbai
