Company penalised for not mentioning DIN and Registered office address on Letterhead

The Ministry of Corporate Affairs (MCA) in the matter of RITESH JEWELS PRIVATE LIMITED has penalised the Company for not mentioning DIN and Registered office address on Letterhead.

RITESH JEWELS PRIVATE LIMITED (hereinafter referred to as “company’) is a company registered under the provisions of the Companies Act, 1956/2013 in the State of Gujarat on 29.08.2009, having CIN: US52393GJ2009PTC057924 and presently having its registered office situated at “SHOP NO 313 SHREE BALAJl HIGHTS B/S IDBI BANK, NEAR BODY LINE CG ROAD, ELLISBRIDGE, AHMEDABAD, GUJARAT- 380006-INDIA as per the record maintained under the MCA Website.

Fact about the case:

This office vide letter No. ROC-GJ/4/Sec.140/2021-22/5858 dated 30.11.2021 had sent a report to the Regional Director, NWR Ahmedabad in connection to the Directorate’s letter No. RD(NWR) Sec 140/140/2021/2092 dated 25.10.2021 citing at para 7 of the said report that “It has been observed from certified true copy of Ordinary resolution passed in ACM dated 22.09.2021 filed with ADT-2 vid SRN T52735792 dated 04.10.2021 under the MCA21 portal, that the company has not mentioned CIN on its letter Head as per the requirement of Section 12(3)(c) of the Companies Act, 2013, which is a violation attracted penal provisions of Section 12(8) of the Companies Act, 2013. Thus, the company and every Officer are liable to be penalized u/s 12(8) for violation of Section 12(3)(c) of the Companies Act, 2013″. The Directorate vide letter No. RD(NWR)/Sec.140/140/2021/4331 dated 17.0 .2022 followed by a letter dated 27.04.2023 has issued directions to examine the address of the Registered office of the company which is found differ with master data and letterhead of the Company received in their office on 01/12/2021. Accordingly, in compliance to the directions of the Directorate, 0/o ROC Ahmedabad further examined that the company has failed to comply with the provisions of Section 12(3)(c) of the Companies Act, 2013 a in the address mentioned on the letterhead as “314, SHREE BALAJI HEIGHTS, SWAGAT CROSS ROAD, R. IDBI BANK, C.G. ROAD, NAVRANGPURA, AHMEDABAD-380009” instead of “SHOP NO 313 SHREE BALAJI HIGHTS B/S IDBI BANK, NEAR BODY LINE CG ELLISBRIDGE, AHMEDABAD, GUJARAT,380006” as available on MCA Record. Company. Thus the company and every Officer are liable to be penalized u/s 12(8) for violation of section 12(3)(c) of the Companies Act, 2013.

Order:

While adjudging the quantum of penalty under section 12(8) of the Act, the Adjudicating Officer shall have due regard to the following factors, namely ;

a. The amount of disproportionate gain or unfair advantage, whenever quantifiable, made as a result of default.
b. The amount of loss caused to an investor or group of investors as a result of the default.
c. The repetitive nature of default.

With regard to the above factors that are to be considered while determining the quantum of penalty, it is noted that the disproportionate gain or unfair advantage made by the noticee or loss caused to the investor as a result of the delay on the part of the notice to redress the investor grievance are not available on the record. Further, it may also be added that it is difficult to quantify the unfair advantage made by the noticee or the loss caused to the investors in default of this nature.

Having considered the facts and circumstances of the case and submission made by the Presenting Officer, after taking into account the factors above, the undersigned has reasonable cause to believe that the company and its officers in default have failed to comply with the provisions of Section 12(3)(c) of the Companies Act, 2013. With the aforementioned circumstances on hand, it is felt due and justified to levy a penalty of Rs.1,00,000 on the Company and Rs.1,00,000 each on 02 Directors/ KMPs namely Mr. Ritesh Jayendrabh Adeshra and Ms. Minaben Jayendrabhai Adeshara pursuant to General Circular No. 1/2020 dated 02.03.2020 for the default occurred from 22.09.2021 (date of Board’s resolution) to 20.07.2023 (reply of the company received in this office) total 667 days.

AO is of the opinion that the penalty is commensurate with the aforesaid default committed by the Noticees and the penalty so imposed upon the Officers in default shall be paid from their personal sources/ income.

The noticees shall pay the amount of penalty by way of e-payment available at the Ministry website under the “Pay miscellaneous fees” category in the MCA file and payment Services under Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019 within 90 days from the date of receipt of this order and copy of this adjudication order and Chaillan/SRN generated after payment of penalty through online mode shall be filed in INC-28 under the MCA portal without further reference and intimation should be submitted to this office.

Appeal against this order may be filed in writing with the Regional Director, North Western Region, Ministry of Corporate Affairs, Roc Bhavan, opp. Rupal Park, Nr. ANKUR BUS STAND, NARANAPURA, AHMEDABAD (GUJARAT)- 380013 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 the certified copy of this order. [Section 454(5) & 454(6) of the Companie Act, 2013 read with the Companies (Adjudicating of Penalties) Rules, 2014 as amended by Companies (Adjudication of Penalties) Amendment Rules, 2019].

Your 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 a fine which shall not less than Twenty-Five Thousand Rupees but which may extend to Five Lakhs 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 by which may extend to one Lakhs Rupees or with both.

For Official Order Download PDF Given Below: