Follow Us :

 Ministry of Corporate Affairs, Bihar, issues a penalty order against M/S. SUVIKSHA HEALTH CARE PRIVATE LIMITED and its directors for violating section 137 of the Companies Act, 2013.

 The order highlights the default of Suviksha Health Care Pvt Ltd in filing financial statements for the fiscal years 2020-21 and 2021-22. Despite notices, the company and its directors failed to respond adequately. The penalty is imposed as per the provisions of Section 137(3) of the Companies Act, 2013, with consideration given to the company’s status as a small company.

The adjudicating officer imposes a penalty of Rs. 78,250 on the company and Rs. 50,000 each on its two directors. The order emphasizes the importance of timely compliance with statutory obligations and provides avenues for appeal. Non-compliance may lead to further repercussions. This decision underscores the government’s commitment to enforcing corporate governance and accountability.

*****

Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies, Bihar
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
(0612)- 2216150/2950121

ROC/PAT/SCN/Sec. 12/18799/1931

Date: 13.03.2024

Order for penalty for violation of section 137 of the Companies Act, 2013

In the Matter of

M/S. SUVIKSHA HEALTH CARE PRIVATE LIMITED

CIN: U85100BR2012PTC018799

Appointment of Adjudication Officer:-

1. The Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/2014- Ad. II dated 24.03.2015 has appointed the undersigned as Adjudicating Officer in exercise of the powers conferred under 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.

Company:-

2. Whereas, Company M/ s. Suviksha Health Care Private Limited, CIN- U85100BR2012PTC018799 (herein after known as Company) is a registered company with this office under the provisions of the Companies Act, 2013 (or previous Acts in force, as applicable) having its registered office situated at Vikrant Kumar Shukla, Lenin Chowk, Kalambagh Road, Muzaffarpur, Bihar, 842001, India as per MCA website.

Facts about the case:-

3. Whereas, the company was in default for filing its Financial Statements for the financial years 2020­21 to 2022-23 with the office of Registrar of Companies, Patna. Hence, this office had issued notice for default under section 137 of the Companies Act, 2013 vide No ROC/ PAT/SCN/Sec-137/18799/1415-1417 dated 31.01.2024.

4. Whereas, this office has not received any reply from the company and its directors. However, as per MCA portal, it has been noticed that the company has filed its financial statements only for the financial year 2022-2023 vide SRN F92072115 dated 12.02.2024 and has failed to file its financial statements for the Financial Years 2020-21 and 2021-22 till date. Hence, it appears that the provisions of Section 137 of the Companies Act, 2013 have been contravened by the company and its directors/officers and therefore they are liable for penalty u/s. 137(3) of the Companies Act, 2013 for non-filing of financial statements for the financial years 2020-2021 and 2021-2022.

Section 137(3) states that:- “If a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may he, before the expiry of the period specified therein, the company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a fiirther penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees, and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall he liable to a penalty of ten thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees”.

5. Further Section 446B states that “if penalty is payable for non-compliance of any of the provisions of this Act by a One Person Company, small company, start-up company or Producer Company, or by any of its officer in default, or any other person in respect of such company, then such company, its officer in default or any other person, as the case may be, shall be liable to a penalty which shall not be more than one-half of the penalty specified in such provisions subject to a maximum of two lakh rupees in case of a company and one lakh rupees in case of an officer who is in default or any other person, as the case may be”.

6. As per clause 85 of section 2 of the Companies Act, 2013, small company means a company whose paid up capital and turnover shall not exceed rupees four crore and rupees forty crore respectively. As per MCA portal, paid up capital of the company- Suviksha Health Care Private Limited is Rs. 8,00,00,000 and the turnover of the company as per balance sheet filed for the financial year 2019-2020 is Rs. 5,05,77,437. Therefore, the benefits of small company are extended to this company while adjudicating penalty.

ORDER

7. Having considered the facts and circumstances of the case, and after taking account of the factors mentioned in the relevant Rules followed by amendments and proviso in section 454(3) of the Companies Act, 2013 which states as, “provided that in case the default relates to non-compliance of sub­section (4) of section 92 or sub-section (1) or sub-section (2) of section 137 and such default has been rectified either prior to, or within thirty days of the issue of the notice by the adjudicating officer, no penalty shall be imposed in this regard and all proceedings under this section in respect of such default shall be deemed to be concluded.”, I am of the opinion that no penalty shall be imposed for the default related to non­compliance of section 137(1) of the Companies Act, 2013 for Financial year 2022-2023 as the said default has been rectified by the company by filing Financial Statements for the Financial Year 2022­2023 vide SRN F92072115 dated 12.02.2024 within thirty days of the issuance of notice (31.01.2024).

8. Further, having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty of Rs. 78,250 (Seventy-Eight Thousand Two Hundred and Fifty only) on Company, and Rs. 50,000 (Fifty Thousand only) each on the 2(two) Directors of the company as per Table Below for violation of Section 137 of the Companies Act, 2013 for the financial years 2020-2021 and 2021-2022.

Nature of default
Violation of section of the companies act, 2013
Company officers to whom penalty imposed
No. of days in default
Penalty for defaults (Rs.) as per Sections 137(3) of the act
Total Penalty (Rs.) [maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default]
Penalty Imposed (Rs.) [As per section tl46B: liable to a penalty shall not be more than one half of the penalty specified in such sections]
Non-filing of Financial Statements for FY 2020- 21
Section 137(1)
On Company
865
10000 + 100 per day
10000 +865*100 = 96500
48250
On Shri Sinheshwar Mahto
865
100000 + 100 per day
10000 +865* 100 = 96500
25000
On Shri Shailendra Kishore
865
100000 +100 per day
10000 +865 *100 = 96500
25000
Non-filing of Financial Statements for FY 2021-22
Section 137(1)
On Company
500
10000+100/per day
10000 + 500*100 = 60,000
30000
On  Shri Sintreshwar Mahto
500
10000+100/per day
10000 + 500 * 100 = 60,000
25000
On Shri Shailendra Kishore
500
10000 +100 per day
10000 + 500 * 100= 60,000
25000

(* No of days have been calculated from 31.10.2017 to till date of order, i.e., 13.03.2024 for FY 2020-21 and 2021-22)

9. The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office.

10. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on Ministry website mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order {Section 454(5) and 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014}.

11. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.

(Aparajit Barua)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Search Post by Date
April 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930