Company penalised by ROC for not having proper sign-board outside it’s office

The Registrar of Companies (ROC) in the matter of DP INVESTMENT SERVICES PRIVATE LIMITED penalised the company and its directors for not having a proper sign-board outside it’s office.

Key Points of the Order:

The Company, viz DP INVESTMENT SERVICES PRIVATE LIMITED (herein after known as the Company) CIN: U671200R2009PTC011314 is a registered company with the office of the ROC -cumOL, Odisha and having its registered office address At: Plot No. 481, Saheed Nagar, Bhubaneswar, Orissa: 751007 as per the records maintained by this office in online registry.

On the basis of Complaint dated 20.11.2021 received from Sliri Harihar Sethi, a Show Cause Notice under Section 206(1) of the Companies Act, 2013 has been issued to the company and its Directors vide letter No. ROC/Compt./l71/2023/193 dated 16.05.2023. But the Show Cause Notice addressed to the company returned undelivered with Postal Remark “No such persons, RTS. Further letter issued to the company and 4 directors under section 206(1) of the companies Act, 2023 vide letter No. ROC/Compt/171/2023/678(5) dated 14.09.2023, another letter issued u/s-206(3) of the Companies Act, 2013 vide Ietter No. ROC/Compt./l71/2023/850(5) dated 02.11.2023 no reply has been received.

Further, Shri Trinath Panigrahi JTA of this office had visited, the registered office address of the company on 31.05.2023 At: Plot No. 481, Saheed Nagar, BHUBANESWAR, Khordha, Orissa-751007and noticed that the office was locked and there was no sign board mentioning the details of the company.

As the aforesaid notice/letter addressed to the company was returned undelivered, it is presumed that the company has not maintained its registered office at the recorded address furnished by it and available in MCA21 records. Hence, the Adjudicating Officer issued Show Cause Notice bearing No. ROC/Sec.454/11314/2023/884(5) dated 08.11.2023 under Sub-Rule (2) of Rule 3 of the Con~panies (Adjudication of Penalties) Rules, 2014 for contravention of Section 12(1) of the Companies Act, 2013 to the Company and its directors/officer-in-default viz. (i) Shri Debasis Panda (DIN 022820448 (ii) Shri Arabinda Nayak (DIN 03092525), Shri Maheswar Tripathy (DIN 05357336) and Shri Pravat Kulnar Sahoo (DIN 0537345). In response to this office Show Cause Notice dated 08.11.2023, response has not been received till date either from the abovementioned company or its directors. In response to this office no communication received either from the company or any of the Directors and the Show Cause Notice addressed to the company returned undelivered with Postal Remark “No such Addressee to 1 and 3 and 2nd one left”.

Provided that no company shall change the place of its registered office from the jurisdiction of one Registrar to the jurisdiction of another Registrar within the same State unless such change is confirmed by the Regional Director on an application made in this behalf by the company in the prescribed manner.

The confirmation referred to in subsection (5) shall be communicated within a period of thirty days from the date of receipt of application by the Regional Director to the company and the company shall file the confirmation with the Registrar within a period of sixty days of the date of confirmation who shall register the same and certify the registration with a period of thirty days from the date of filing of such confirmation.

On the fixed date no one appeared before the Adjudicating Officer and the matter is heard. Having considered the facts, circumstances, and documentary evidence of the case, and after taking into account of the factors above, the A.O. is of the considered view that the company has not maintained its registered office from. 16.05.2023 (date of issuance of the notice) to 30.11.2023 (date of hearing). Hence, the A.0 do hereby impose penalty of Rs. 5,00,000 on the Company and its Directors/Officer-and Default for violating the provisions of Section 12 of the Companies Act, 2013.

The company and its directors are hereby directed to rectify the default immediately from the date of receipt of copy of this order.

The Penalty imposed shall be paid through the Ministry of Corporate Affairs portal only.

Appeal if any against this order may be filed in writing with the Regional Director, Eastern Region, Ministry of Corporate Affairs, Nizam Palace, 3rd Floor, 234/4, A.J.C. Bose Road, Kolkata: 700 020 within a period of sixty days from the date of this order, in Form ADJ setting forth the grounds of appeal and shall be accompanied by a certified copy of this order. [Section 454 of the Companies Act, 2013 read with the Companies (Adjudicating of Penalties) Rules, 2014].

For Official Order Download the PDF Given Below: