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Appellants in the present appeal has stated that the Company has made all reasonable efforts to appoint Whole Time Company Secretary, whereas no one has shown interest as the Company incurred losses and delisted from Stock Exchange.
Company is in default for filing its Annual Return for financial years 2018-2019 with office of Registrar of Companies so MCA imposed penalty
Company has not complied with provision of appointment of women director so MCA imposes Penalty of Rs. 211000 which includes initial Penalty of Rs. 50000 and Rs. 1,61,000 for continuing default.
Whereas this office received a communication from Reserve Bank of India vide letter No. DOS.RSS(BLR).No. S91/24.08.028/2022-23 dated 22.04.2022 stating that the letters sent to the subject company to the addressed mentioned in the MCA database were returned undelivered and also that a physical inspection was also made to the premises of the company and it was found that the company was not located at the registered office premises.
The company in its application has submitted that the CIN was not printed in the company’s business letters, bill heads etc. upto 2021. Hence the company has violated the provisions of Section 12(3)(c) of Companies Act, 2013.
MCA impose penalty on director under section 450 of Companies Act, 2013 for certify and filing incorrect e-form AOC-4 pursuant to Rule 8(3) of Companies (Registration Offices and Fees) Rules, 2014
Section 56(4)(b) of Companies Act, 2013 stipulates that every company shall, unless prohibited by any provision of law or any order of court, tribunal or other authority, deliver the certificates of all securities allotted, transferred or transmitted within a period of 2 months from the date of allotment, in case of any allotment of any of its shares.
Company is having accumulated losses and not in a position to employ a Whole Time Company Secretary. Though the Company has earned some profits during the last two years, it is not sufficient to make its net worth positive.
F.No:9/72/ADJ/SEC. 203/2013/ANDHRA PRADESH /RD(SER)/2022/5492 BEFORE THE REGIONAL DIRECTOR, SOUTH EAST REGION MINISTRY OF CORPORATE AFFAIRS, HYDERABAD IN THE MATTER OF COMPANIES ACT, 2013 IN THE MATTER OF SAUMYA MEDICAL CARE AND MEDIA LIMITED 1. M/s. Saumya Medical Care And Media Limited 2. Mr. Suresh Chintamaneni, Managing Director Appellants Date of hearing :15.11.2022 Present : Mr. […]
After the Covid-19 pandemic no Company Secretary from far of places shown interest to come and join in a hospital business as the company is engaged in Covid-19 pandemic related treatment. Authorised representative requested to waive the penalty as no mens rea could be proved on the part of the Company and its officers in charge.