MCA Imposes heavy penalty on Directors who Failed to intimate their change address in form DIR-6

The Ministry of Corporate Affairs (MCA) in the matter of M/s. Somen Venture Private Limited has imposed heavy penalties on Directors who Failed to intimate their change address in form DIR-6.

M/s. Somen Venture Private Limited CIN- U55209BR2018PTC040096 (hereinafter referred to as ‘Company’) was incorporated on 29.11.2018 under the provisions of Companies Act, 2013 and having its registered office at – 238, SHRI KRISHNA PURI, WEST BORING CANAL ROAD, PATNA, Patna, Bihar,800001, India as per records maintained in this office. Whereas a complaint has been received from Shri Kiriti Azad, who is the owner of premises ‘238, Shri Krishna Puri, West Boring Canal Road, Patna, Bihar- 800001’, where the company is having its registered office w.e.f.01.08.2019; wherein the complainant has complained about the illegal running of company at his above mentioned premises. Whereas adjudication of penalty for violation of sections 12, 92, 137 of Companies Act, 2013 was initiated by the under signed against the company and its officers and the orders passed in the matter vide dated 27.07.2023 were served upon them through registered post. And whereas as the copy of orders were duly served/ delivered upon the company and Ms. Moon, Director; while the same notice addressed to other directors returned undelivered on 01.08.2023 from the address of the directors namely Kahkashan Zar and Mohammad Neyaz Ahmad.

And whereas it is transpired that the directors namely Kahkashan Zar and Mohammad Neyaz Ahmad are not present at their declared address as per particulars filled in the DIN application form and that they have failed to intimate their change of address with the MCA in the prescribed form DIR-6 as required under Rule 12 of the Companies (Appointments and Qualifications of Directors) Rules, 2014.

“12. Intimation of Changes in Particulars Specified in DIN Application

(1) Even; an individual who has been allotted a Director Identification Number under these rules shall, in the event of any change in his particulars as stated in Form DIR-3, intimate such change(s) to the Central Government within a period of thirty days of such change(s) in Form DIR-6 in the following manner, namely;-

(i) The applicant shall download Form DIR-6 from the portal, fill in the relevant changes, verify the Form and attach a duly scanned copy of the proof of the changed particulars and submit electronically;

(ii) the form shall be digitally signed by a chartered accountant in practice or a company secretary in practice or a cost accountant in practice;

(iii) the applicant shall submit the Form DIR-6:

(2) The Central Government, upon being satisfied, after verification of such changed particulars from the enclosed proofs, shall incorporate the said changes and inform the applicant by way of a letter by post or electronically or in any other mode confirming the effect of such change in the electronic database maintained by the Ministry.

(3) The DIN cell of the Ministn; shall also intimate the change(s) in the particulars of the director submitted to it in Form DJR-6 to the concerned Registrar(s) under whose jurisdiction the registered office of the company(s) in which such individual is a director is situated.

(4) The concerned individual shall also intimate the change(s) in his particulars to the company or companies in which he is a director within fifteen days of such change.”

Section 450 states that: Punishment where no specific penalty or punishment is provided. – If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and even; officer of the company who is in default or such other person shall be punishable with, fine which may extend to ten thousand rupees, and where the contravention is continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues.

ORDER

Having considered the facts and circumstances of the case, and after taking into account the factors above, hereby a penalty of Rs.4,42,000 is imposed on the Company and directors/officers in default of the company under Rule 12 of the Companies (Appointments and Qualifications of Directors) Rules, 2014 is provided u/s 450 of Companies Act 2013.

The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on the Ministry) under “Pay miscellaneous fees” category in the MCA fee and payment Services within 90 (ninety) days of this order. The Challan/SRN generated after payment of the penalty through online mode shall be forwarded to this office.

Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on Ministry) 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).

Your attention is also invited to section 454(8) of the Act in the event of non-compliance with this order.

For Official Order Download PDF Given Below: