The company and its officers were held liable for failing to maintain a functional registered office under Section 12(1) of the Companies Act, 2013, resulting in a 48-day default and a penalty of ₹24,000 each with a right to appeal.
Khushi Jain | Apr 28, 2026 |
Company and it’s directors penalised for Violation of Registered Office Requirements under Companies Act
Smt. Sujata Satish Dhasal, the Registrar of Companies (ROC), attempted to contact the company on December 15, 2025; however, the correspondence was returned as undelivered because the company had abandoned its registered office, violating the legal mandate under Section 12(1) of the Act requiring companies to maintain a verifiable address for official communications. Despite the issuance of a formal Show Cause Notice on February 3, 2026, the company and its officers failed to respond or prove compliance, resulting in a recorded default period of 48 days between December 17, 2025, and the notice date.
Issue of the case
Whether the company and its officers (Mr Pankaj Kumar Mahto and Mr Neeraj Kumar) were in violation of Section 12(1) by failing to maintain a registered office capable of receiving official correspondence, thereby attracting penalties under Section 12(8) of the Companies Act, 2013?
Decision of the RD Mumbai
The Adjudicating Officer ruled that the company, PNMS Polymors Private Limited, and its officers, Mr Pankaj Kumar Mahto and Mr Neeraj Kumar, violated Section 12(1) of the Companies Act, 2013, by failing to maintain a valid registered office. Consequently, a penalty of Rs. 24,000 each was imposed on the company and the two officers, which must be paid from their personal income via the ‘e-Adjudication’ portal within 90 days of receiving the order. Furthermore, the noticees have the right to file a written appeal with the Regional Director in Mumbai within 60 days of the order’s receipt.
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