Penalty of Rs. 40 Lakhs levied for Non-Filing MGT-07 and AOC-04

The Ministry of Corporate Affairs (MCA) in the matter of DGR Farms and Leisures Limited imposed a Penalty of Rs. 40 Lakhs for Non-Filing MGT-07 and AOC-04.

The Company DGR Farms and Leisures Limited (CIN-U0l l 00MP2009PLC02254 7) [herein after known as company] is a registered company with this office under the provisions of Companies Act, 2013 having its registered office situated at E-3, Senior MIG, House No. 2, Near Ganesh Mandir, Arera Colony, Huzur 462016, M.P. 6- Malviya Nagar, Near IDBI Bank, Bhopal, Madhya Pradesh 462003, as per the MCA website.

Whereas as per information available on MCA21 data base, the company has not filed its statutory document i. e. Annual Return since 2019 to till date under Section 92(4) of the Companies Act, 2013. Hence, it appears that the company and its officers in defaults has violated the provisions of Section 92(4) of the Companies Act, 2013 and are liable for penal action u/s. 92(5) of the Companies Act, 2013 for the financial year 2018-19 to till date.

Thereafter, “Notices of Inquiry” vide No. ROC-G/Adj. Pen./u/s. 92(4)/DGR farms/3400 to 3408 dated 30.01.2024 were issued to the company and its officers in default. As per [Rule 3(3), companies (Adjudication of Penalties) Rules, 2014 and the date of hearing was fixed on 09.02.2024 at 11.00 A.M. in the office of Registrar of Companies, Madhya Pradesh, Sanjay Complex, A-Block, 3rd Floor, Jayendraganj, Gwalior.

On the date of hearing 1.e. 09.02.2024, the office received an e-mail dated 09.02.204 from director Shri Umesh Gupta therein had requested to provide 15- 20 days more as the company has already started preparing necessary documents and forms related to Section 92(4) of the Companies Act, 2013.

Office has considered aforesaid requested and had sent mail dated 15.02.2024 to the company and officer in default, therein the office has extend the time for hearing and had fixed a dated for hearing on 26.02.2024 at 3.00 P.M.

Order:

Having considered the facts and circumstances of the case and after taking into account the factors above and letter dated 16.01.2024 and 30.01.2024 issued by ROC, Gwalior were duly received by the office of the company, it is concluded that the company and its officers in default are liable for penalty as prescribed under Section 92(5) of the Act for default is made in complying with the requirements of Section 92(4) of the Act of the company viz. DGR Farms and Leisures Limited for financial year 2018-19 to 2021-22, in terms of Section 92(4) of the Act.

Accordingly, a penalty Rs.40 Lakhs was imposed as prescribed under Sub-section 5 of section 92 of the Companies Act, 2013.

The opinion is that the penalty is commensurate with the aforesaid failure committed by the notice 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 for the financial year 2018-19 to 2021-22.

The penalty amount shall be remitted by the company through MCA21 portal within 60 days from the date of order. The company needs to file INC- 28 as per the provisions of the act attaching the copy of adjudication order alongwith payment challans.

For Official Order Download PDF Given Below: