Rs. 200000 penalty levied on Non-Maintenance of Registered Office [Read Order]

The Ministry of Corporate Affairs (MCA) in the matter of M/s BECKONS INDUSTRIES LIMITED has levied a penalty of Rs.200000 for the Non-Maintenance of Registered Office.

The Company Mis BECKONS INDUSTRIES LIMITED (hereinafter referred to as “the Company”) is a company registered with this office under the provisions of the Companies Act, 2013/1956 (or previous Acts in force, as applicable) having its registered office situated at SCF:- 725, INDRA MARKET JALALABAD(WEST) JALALABAD Firozpur PB 152024 IN as per data available with MCA website.

Fact about the Case

Wherein this office has forwarded a letter dated 27.01.2021 to the company at its registered office address at SCF: -725, INDRA MARKET JALALABAD(WEST) JALALABAD Firozpur PB 152024 IN. The letter sent at the registered office was received back undelivered on 08.02.2021 with postal remarks “Locked”. Further, this office has issued a Show Cause Notice under section 12(8) for the violation of section 12(4) of the Companies Act, 2013 read with Companies (Adjudication of Penalties) Rules, 2014 to the company and its directors vide this office letter No. ROC CHD/2023-24/12(8)/625 dated 08.11.2023. Notice sent at the registered office of the company has been received back undelivered with the postal remark “Addressee left without instructions”. Moreover, no reply has been received from the Directors of the company. Thus, it is evident that the Company and its Directors have failed to comply with the provision of Section 12(1) & 12(4) of the Companies, Act, 2013, in maintaining the registered office of the Company, thereby attracting the penal provisions against the company and officers in default mentioned under section 2(60) of the Companies Act, 2013.

Therefore, it is concluded that the company and its Managing Director have failed to maintain the registered office of the company. Therefore, the company and its Managing Director are liable for penalty as prescribed under Section 12(8) of the Act for non­-maintenance of the registered office of the company viz. M/s BECKONS INDUSTRIES LIMITED for 1054 days i.e., with effect from 08.02.2021 (date of return of the letter dated 27.01.2021) to 28.12.2023 (Till this date) in terms of Section 12(1) of the Act.

Order

Accordingly, hereby a penalty of Rs.200000 is imposed as prescribed under Sub-Section (8) of Section 12 of the Companies Act, 2013. The penalty is commensurate with the aforesaid failure committed by the Noticee and the penalty so imposed upon the Officers-in-default shall be paid from their personal sources/income.

It is further directed that the penalty imposed shall be paid through the Ministry of Corporate Affairs portal only as mentioned under Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019 under intimation to this office.

Appeal against this order may be filed in writing with the Regional Director (Northern Region), Ministry of Corporate Affairs, CGO Complex, Lodhi Road, New Delhi, within a period of sixty days from the date of receipt 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(5) and 454(6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014].

Attention is also invited to Section 454(8)(i) and 454(8){ii) of the Companies Act, 2013, which state that in case of non-payment of penalty amount, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees And officer in default shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees or with both.

For Official Order Download PDF Given Below: