Priyanka Kumari | Nov 2, 2023 |
ROC imposes penalty of Rs. 2.27 Lakhs for Non-Maintenance of Registered Office
The Registrar of Companies (ROC) has imposed a monetary penalty of Rs. 2.27 Lakhs for Non-Maintenance of Registered Office.
The Company viz AIMS HI-RISE (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 SHOP NO. 43, Gol Market, P.O. Khajuraho, Khajuraho, Chhatarpur, Madhya Pradesh, 471606,India.
Details about the case:
This office had issued letter for providing information related to CHG-9 dated 21.07.2023 to the said company which is returned undelivered with remark of Postal Authority “not at the given address”. It appears that the Company has failed to maintained its registered office, resulting into violation of Section 12(1) r/w. Section 12(4) 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. Penalties/2023/1955- 1960 dated 28.08.2023. No any reply had been received from the Company and its Directors.
Thereafter, “Notices of Inquiry” vide No. RoC-Gwalior/ Adj.Pen./Sec.12/2023/2276-2281 dated 13.10.2023 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 26.10.2023 at 11.00 A.M in the Office of Registrar of Companies, Madhya Pradesh, Sanjay Complex, A block-III floor, Jayendraganj, Gwalior. No any reply had been received from the Company and its Directors.
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 2014, the matter is being proceeded with in the absence of such persons (ex-parte).
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 of the company viz. M/s AIMS HI-RISE LIMITED for 37 days i.e. with effect from Undelivered letter No ROC-G/CHG-9/27283/2023/1602 dated 21.07.2023 on 27.07.2023 to Show cause Notice dated 28.08.2023 delivered on 02.09.2023 in terms of Section 12(1) of the Act.
Accordingly, hereby impose a penalty of Rs. 2.27 Lakhs as prescribed under Sub-section 8 of section 12 of the Companies Act, 2013.
The opinion that 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.
Appeal against this order may be filed in writing with the Hon’ble Regional Director, (NWR), Ministry of Corporate Affairs, Ahmedabad within a period of sixty days from the date of receipt of this order in Form ADJ (available on Ministry website in 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 (Adjudicating of Penalties) Rules, 2014.
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 fine which shall not be less than twenty five thousand rupees but which may extend to five lakh 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 but which may extend to one lakh rupees or both.
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