The Registrar of Companies, Kolkata, passed an adjudication order imposing penalties under Section 454 of the Companies Act, 2013 for violation of Section 12(1), which mandates companies to maintain a registered office capable of receiving communications. The action was initiated following a complaint and subsequent notices issued to the company and its directors, which were returned unclaimed, indicating non-compliance. Despite issuance of show cause notices, no response or request for hearing was received from the company or its officers. The adjudicating authority concluded that the company failed to maintain a functional registered office, thereby violating statutory requirements. Consequently, a penalty of ₹1,00,000 each was imposed on the company and its defaulting directors, being the maximum permissible limit. The noticees were directed to rectify the default and pay the penalty within 90 days, with a provision to file an appeal before the Regional Director within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kolkata I
4th Floor Plot No.IIIF/16, in AA-IIIF Rajarhat, New Town, Akandakeshari, Kolkata, West Bengal, India, 700135
Phone: 033-22877390
E-mail: roc.kolkata@mca.gov.in
Order ID: PO/ADJ/03-2026/WB/01753 | Dated: 19/03/2026
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 TRACTEL TIRFOR INDIA PVT LTD [herein after known as Company] bearing CIN U29150WB1964PTC026256, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 15 GANESH CHANDRA AVENUE NA KOLKATA WEST BENGAL INDIA 700013
Individual details:
In the matter relating to MADHUSHREE CHAKRAVARTY ____________
In the matter relating to DHRUBA SARATHI CHAKRABORTY ____________
In the matter relating to JOYDEEP CHAKRAVARTY ____________
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 – “Section 12(1) of the Companies Act, 2013 states that, A company shall, within thirty days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it.”
A complaint has been received from Amrex Marketing Private Limited vide letter dated 01.12.2023 by this office. Therefore, this office has issued a letter under section 206(1) of the Companies Act, 2013 vide dated 21.02.2025 to company and its Directors in default of which the company letter has been returned unclaimed.
Therefore it appears that the company has violated the provision of Section 12(1) of the Companies Act, 2013.
2. E-Hearing not Requested
E. Order:
1. E-adjudication proceedings have been initiated on the basis of Complaint dated 01.12.2023 received, after notices issued to the Company were returned undelivered.
Show Cause no: SCN/ADJ/06-2025/KK/01578 dated: 21/01/2026 were issued to the Company and its Directors, however no reply has been received.
Hence In exercise of powers under proviso to section 454(3)(c) of the Act the undersigned hereby imposes penalty as below for violation of provision of Section 12(1) 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 | TRACTEL TIRFOR INDIA PVT LTD having CIN as U29150WB1964P TC026256 | 100000 | 0 | 100000 | |
| 2 | MADHUSHREE CHAKRAVARTY having DIN as 01388315 | 100000 | 0 | 100000 | |
| 3 | DHRUBA SARATHI CHAKRABORTY having DIN as 02239908 | 100000 | 0 | 100000 | |
| 4 | JOYDEEP CHAKRAVARTY having DIN as 02239909 | 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 Kolkata 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.
Arya Pyarelal,
Registrar of Companies
ROC Kolkata
