Penalty Levied on Company where Registered office is not capable of receiving communications:

Penalty Levied on Company where Registered office is not capable of receiving communications The Ministry of Corporate Affairs(MCA) has imposed Penalty on Company where Registered office is not capable of receiving communications. Company M/s. Super Fine Micro Finance, CIN- U659928R2014NPL022239 (herein after known as Company) is a registered company with this office under the provisions of the companies Act,2013 (or previous Acts in force, as applicable)having its registered office situated at Main Road, Thana Chowk, Phulwari Sharif, Patna, Bihar, 801505, India as per MCA website.

Facts about case:

Office of the Registrar of Companies, Bihar-cum-Official Liquidator, High Court, patna, has issued SCNs u/s. 206(1) of the Companies Act, 2013 dated 22.05.2022 to the company, the said letter returned undelivered in this office with postal remarks "Item returned Addressee cannot be located". Therefore, it appears that the company is not maintaining its registered office as required under section 12(1) of the Companies Act, 2013. Whereas this office has issued show cause notice under section 12 of the Companies Act 2013, vide letter no. ROC/ PAT/ SCN/ Sec.12/ 22239/ 410-414 dared "12.06.2023" to the company and its officers/ managing director but no reply has yet been received from them, however, letter addressed to the company returned undelivered with the postal remark "Item Returned Addressee cannot be located". Thus, it appears that the registered office of the company as notified with the Registrar is not capable of receiving and acknowledging all communications and notices. Hence, it appears that the provisions of Section 12 of the Companies Act, 2013 have been contravened by the company and its officers/ managing director and therefore they are liable the Companies for penalty u/s 12(8) of Act, 2013.

Order

Having considered the facts and circumstances of the case and after taking into account the factors above hereby impose a penalty of Rs. 53,000 on the company and Rs.53,000 each on the 4 (four) directors/officers in default under section 12(8) of the Act for failure in of the 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 Ministry website) under "pay miscellaneous fees" category in MCA fee and payment services within 90 (ninety) days of this order. The Challan/ SCN generated after payment of penalty through online mode shall be forwarded to this office. For Official Order Download PDF Given Below: