The Registrar of Companies under the Ministry of Corporate Affairs in the matter of Dehra Dun Club has penalised the Company for Non-Filing of DIR-12.
Reetu | Dec 12, 2023 |
Company penalised by ROC for Non-Filing of DIR-12
The Registrar of Companies under the Ministry of Corporate Affairs in the matter of Dehra Dun Club has penalised the Company for Non-Filing of DIR-12.
The Company Dehra Dun Club Limited [herein after known as Company] is a registered company with this office under the provisions of the Companies Act, 2013/1955 (or previous Acts in force, as applicable) on 12.08.1957, having its registered office situated at 15 R BUGRASEN ROAD, Dehradun, Uttarakhand – 248001 as per MCA website.
The Company has filed application u/s 454 r/w Section 152 of the Companies Act, 2013. The Registrar of Companies has pointed out various observations for different financial years under section 152 of the Companies Act, 2013. The notice states that certain members were inducted to the Managing Committee and further some have resigned from the Committee during the said financial years but the Company did not intimate the ROC regarding such induction/cessation vide filing of form DIR-12.
The Company has submitted its response stating that the individuals so appointed to the Committee, were nominated by the Army Mess and held designation as temporary mess members that would cease upon their transfer from the registered location of the Company. These members were never elected by the Voting process that is followed for permanent members of the Company. It is also not mandatory to appoint the nominated mess members as the Directors of the Company. These individuals were solely appointed to enhance the administration, management and discipline of the Company and to participate in Committee Meetings.
The Company in its Application has further emphasized that the Company had no intention of appointing these individuals as Directors. Hence, they were not required to hold a valid DIN under Section 152 and, therefore, no e-form was filed with the ROC under Section 152 of The Companies Act,2013. The Qub thus has made an adjudication application for the default committed for the financial year 2017-18,2018-19,2019-20,2020-21, and 2021-22 under section 152 of The Companies Act, 2013. The default committed was inadvertent and there was no malafide intention of the management behind this.
Thus the company has violated the provisions of Section 152 of the Company Act, 2013.
In the present case, it is evident that the company has made a violation of section 152 as the company did not intimate the ROC regarding such induction/cessation vide filing of form DIR-12. The period during which default occurred pertains to the Financial years 2017-18,2018-19,2019-20,2020-21 and 2021-22.
Mr. Anupam Nagalia, Director and Ms. Manisha Rawat, Company Secretary appeared on behalf of the Company on 21.11.2023.
The Penalty as described in Section 172 of the Companies Act, 2013 is imposed worth Rs.2,50,000.
The company and its directors are hereby directed to rectify the default immediately on the date of receipt of the copy of this order.
The notices shall pay the said amount of penalty as mentioned in column C above through online mode by using the website (Misc. head) in favour of Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi, payable at Delhi, within 90 days of receipt of this order, and intimate this office with proof of penalty paid.
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