Penalty of Rs. 400000 on company for not maintaining Registered Office:

Penalty of Rs. 400000 on company for not maintaining Registered Office The Ministry of Corporate Affairs(MCA) in the matter of M/s MHOW NIDHI LIMITED has levied Penalty of Rs.400000 on company for not maintaining Registered Office. MHOW NIDHI LIMITED (CIN: U65929MP2022PLN060757) [herein after known as Company] is a registered company with this office under the provisions of Companies Act, 1956 having its registered office situated at C/O Shilpa Ramesh, Badgonda Road Gangliya Khedi, Indore, Indore, Madhya Pradesh, 453441, India, a per the MCA website.

Facts of Case:

This office had issued notice to said Company regarding non-filling of NDH-4 dated 14.03.2023 to its registered office which was returned undelivered with postal remark "LEFT". Thus, it appears that the company has failed to maintained its registered office, resulting into violation of Section 12(1) of Act which attracted penal provisions of Section 12(8) of the Companies Act, 2013. Subsequently, this office had issued show cause notice U/s. 12(1) of the Companies Act, 2013 to the company and its officers in default vide No. ROC-G/Adj.Penalities/2023/281-284 dated 09.05.2023. The Show Cause Notices of the Company and one of the Director namely, Mr. Sukhwant Singh were returned undelivered with remark from the postal authority "LEFT" dated 19.05.2023. Further, Show Cause Notice was delivered to only one director namely Mrs. Shilpa Ramesh and she has submitted her reply by letter dated 18.06.2023 and submitted that "The undersigned , as never involved in any transaction /Nidhi activity pertaining to M/s MHOW NIDHI LIMITED after 07.05.2022. all business of the company has been solely managed by Mr. Sukhwant Singh s/o Dilbag Singh r/o village kot Dharam chand kalan, PS Chabal, Dist Tarn Taran, Punjab - 143301. Etc." Thereafter, "Notices of Inquiry" vide No. RoC-Gwalior/ Adj.Pen./Sec. 12/2023/1084-1088 dated 11.07.2023 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 21.07.2023 at 12.00 P.M in the Office of Registrar of Companies, Madhya Pradesh. Sanjay Complex, A block-Ill floor, Jayendraganj, Gwalior. The Notice of Inquiry of the Company was returned undelivered with remark from the postal authority "LEFT" dated 20.07.2023. Further, Notices of Inquiry was delivered to only one director namely Mr. Sukhwant Singh and he has submitted his reply which was received in this office dated 21.07.2023 and submitted that --It is hereby stated that Mhow Nidhi Limited is not functioning at present . Therefore,NDH-4 is not being filled. It is requested that Mhow Nidhi Limited be treated as closed. The Nidhi could not undertake operations due to lack of investment and funding. Currently the Nidhi has two directors only viz. Mr. Sukhwant Singh (self) and Mr. Bharat Hooda, The Company is not maintaining any registered office since the Nidhi is not functional as on date. It is requested that hearing be rescheduled to a later date after monsoons since Punjab is facing a flood situation and I am currently at Tarn Taran with my house having been hit badly by floods." None of the representative of the Company or Directors have appeared on the date so fixed. Hence as per Rule 3(8), Companies (Adjudication of Penalties) Rules 20 I 4, the matter is being proceeded with in the absence of such persons (ex-parte).

Order:

Having considered the facts and circumstances of the case and after taking into account the factors above, it is concluded that the company and its officers in default are liable for penalty as prescribed under Section 12(8) of the Act for non-maintenance of registered office or the company viz. MHOW NIDHI LIMITED for 125 days i.e. with effect from 18.03.2023 (Item delivered & refuse) to 21.07.2023 (Date of hearing) in terms of Section 12(1) of the Act. Imposing a total penalty of Rs.400000 as prescribed under Sub-section 8 of section 12 of the Companies Act, 2013. This penalty is commensurate with the aforesaid failure committed by the notice and penalty so imposed upon the officers-in-default shall be paid from their personal sources/income. It is further directed that 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 Official Order Download PDF Given Below: