The Registrar of Companies, Chhattisgarh issued an adjudication order under Section 454 of the Companies Act, 2013 for violation of Section 12(8). The matter arose after the Office of the Regional Director directed action against the company, stating that two letters sent to its registered office seeking information and documents relating to reduction of share capital were returned by the postal authorities with the endorsement “Not Known.” The order states that Section 12(1) requires a company to maintain a registered office capable of receiving and acknowledging communications and notices, and that the repeated return of official communications established non-compliance. In response to the show cause notice, a reply was received from one officer in default, but it was signed by a person who was not a director and was submitted in the name of another company. An e-hearing was scheduled, but no one appeared on behalf of the company or its officers. Concluding that no satisfactory explanation or supporting evidence had been provided, the Adjudicating Officer imposed penalties of ₹50,000 each on the company and its two officers in default, directed rectification of the default and payment within 90 days, and provided a right of appeal before the Regional Director, Hyderabad.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Chhattisgarh
Registrar of Companies cum Official Liquidator, 1st Floor, Ashok Pingley Bhawan, Municipal Corporation, Nehru Chowk,
Bilaspur, Chhattisgarh, India, 495001
Phone: (07752)-250092(D),250094
E-mail: roc.bilaspur@mca.gov.in
Order ID: PO/ADJ/06-2026/BP/02339 Dated: 25/06/2026
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. 698(E) dated 10/02/2026 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 BECO CHEMICALS PVT LTD [herein after known as Company] bearing CIN U24117CT1984PTC002354, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at PLOT NO.85,SECTOR-ASIRGITTI INDUSITRIAL AREA NA BILASPUR CHATTISGARH INDIA 495004
Individual details:
In the matter relating to VEENU JAIN ——-
In the matter relating to RACHNA JAIN ——
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 – This office has received a letter from the O/o Regional Director, North-Western Region vide letter no. RD(NWR)/66/(899)/2025-26/4052 dated 26/11/2025 whereby this office has been directed to take necessary legal action for violation of section 12 of the Companies Act, 2013 against the company BECO Chemicals Private Limited (U24117CT1984PTC002354). In the said letter, it is stated that the Directorate has sent letters no. RD(NWR)/66/(899)/2025-26/2113 dated 06/08/2025 and RD(NWR)/66/(899)/2025-26/2872 dated 22/09/2025 to the company at its registered office situated at Plot No. 85, Sector-A, Sirgitti Industrial Area, Bilaspur, Chhattisgarh 495004 for seeking certain information/documents in the matter of reduction of Share Capital of the Company. However, both the letters issued to the company were returned by the postal authorities with remarks “Not Known”.
As per section 12(1) of the Companies Act, 2013, 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. The recurrence of undelivered official communications, marked with the endorsement “Not Known”, confirms the company’s failure to maintain its registered office capable of receiving and acknowledging correspondence, in contravention of Section 12(1) of the Companies Act, 2013, thereby attracting penal consequences under Section 12(8) of the said Act.
2. In response to the Show Cause Notices, reply was received from one of the officer-in-default namely Ms. Rachna Jain; however, the same was signed by a person who is not a director of the company and was submitted in the name of another company instead of BECO CHEMICALS PVT LTD. Upon the request made, an e-hearing was scheduled on 21/05/2026.
E. Order:
1. In response to the Show Cause Notice, a reply was submitted; however, the same was signed by a person who is not a director of the company and was submitted in the name of another company instead of BECO CHEMICALS PVT LTD. Further, upon the request of one of the officer-in-default, an e-hearing was scheduled on 21/05/2026. Despite due service of the notice of e-hearing, none appeared for the Company and its officers in default on the date so fixed.
In view of the foregoing facts and circumstances, and in the absence of any satisfactory explanation or substantiating evidence, it is concluded that the company and its officers in default failed to comply with the provisions of the section 12(1) of the of the Companies Act, 2013. Accordingly, the Company and its officers in default are liable for penal action under the Companies Act, 2013. Therefore, I am imposing penalty as prescribed under section 12(8) of the Companies Act, 2013 on the company and its officers in default for the aforementioned non-compliance.
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 | BECO CHEMICALS PVT LTD having CIN as U24117CT1984P TC002354 | 50000 | 0 | 100000 | |
| 2 | VEENU JAIN having DIN as
00207165 |
50000 | 0 | 100000 | |
| 3 | RACHNA JAIN having DIN as
00207539 |
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 Hyderabad 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.
Sudhir Kapoor,
Registrar of Companies
ROC Chhattisgarh
