Adjudication order u/s 12 of CA 2013 in the matter of M/S. KALINGA TREXIM PRIVATE LIMITED

Application No. RD/ER/454/53/2024/Appeal /YS9-S Tt BEFORE THE REGIONAL DIRECTOR, EASTERN REGION MINISTRY OF CORPORATE AFFAIRS, KOLKATA.

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IN THE MATTER OF

M/S. KALINGA TREXIM PRIVATE LIMITED NARAYANI COMPLEX, I* Floor, 268, G.T. ROAD LILUAH HOWRAH - 711204, WEST BENGAL, INDIA

-AND-

IN THE MATTER OF

Application under section 454(5) of The Companies Act, 2013 for preferring an appeal against the penalty order dated 12.06.2024 of the Registrar of Companies, West Bengal passed for violation of the Provisions of Section 12 of the Companies Act, 2013.

-AND-

IN THE MATTER OF

1. M/S. KALINGA TREXIM PRIVATE LIMITED NARAYANI COMPLEX, 1I* Floor, 268, G.T. ROAD LILUAH HOWRAH -— 711204, WEST BENGAL, INDIA

2. AKHILESH SINGH (Director) 222/1B, G.T. ROAD BELURMATH, HOWRAH — 711202, WEST BENGAL , INDIA

3. SAMIR PRASAD (Director) 99, RAIL COLONY, RADHABALLAV ROAD, NAIHATI - 743165, WEST BENGAL, INDIA

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4. KATICK PASHI (Director) RADHABALLAV ROAD, HINDUSTANI PARA, NAIHATI — 743165, WEST BENGAL, INDIA

setsteseeesenee APPELLANTS

Date of Hearing: 02.04.2025

Present : Mr. Binit Kumar, Ld. Company Secretary and Authorized Representative

ORDER

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1. The present Appeal has been preferred under section 454 (S) of the Companies Act, 2013 read with the provisions of the Companies (Adjudication of Penalties) Rules, 2014 vide Form ADJ bearing SRN no. F97530463 dated 20.08.2024 against the penalty order dated 12.06.2024 for the violation of section 12 of the Companies Act 2013, passed by the Adjudicating Authority i.e. Registrar of Companies, Kolkata, West Bengal dated 12.06.2024 communicated to the appellants vide letter no. ROC/LEGAL/ADJ/331/ 145773/2023/ 10983 dated 07/02/2025. The Appeal has been filed within 60 (sixty) days as section 454 (6) of the Companies Act, 2013.

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2. The office of the Registrar of Companies, West Bengal had issued Adjudication notice for violation of section 12 of the Act vide letter no. ROC/ADJ/2023/131180/7899-7904 dated 30.10.2023 to the Company and its Officers in default. In this regard, no reply was received by the ROC, West Bengal from the Company and its officers for aforesaid Adjudication notice.

3. Considering the above facts and circumstances of the case, the Adjudicating Authority had imposed Penalty for violation of section 12 of the Act as under :-

|Name|of|the|Applicant |Period|Applicant |Period|of |Amount<br>of|Total maximum|of |Amount<br>of|Total maximum|of |Amount<br>of|Total maximum|
|---|---|---|---|---|---|---|---|
|Company/Director||Director||Default(FY)||| Default|Penalty Imposed|
|||||||(in Rs. )|(in Rs.)|
|KALINGA||TREXIM|PRIVATE| 2020 - 2022|||1,000 * 760||
|LIMITED||||||(no. ofdays)|1,00,000|
|||||||= 7,60,000||
|AKHILESH||SINGH (Director)||2020 - 2022||1,000 * 760||
|||||||(no. ofdays)|1,00,000|
|||||||= 7,60,000||
|SAMIRPRASAD (Director)||||2020 - 2022||1,000 * 760||
|||||||(no. ofdays)|1,00,000|
|||||||= 7,60,000||
|KATICKPASHI|PASHI (Director)|||2020 - 2022||1,000 * 760||
|||||||(no. ofdays)|1,00,000|
|||||||= 7,60,000||
|||||TOTALPenaltyImposed(inRs)|||4,00,000|

4. Having considered the facts and circumstances of the case and after taking into account the facts above, ROC, Kolkata, West Bengal imposed a penalty of Rs. 1,00,000/- (Rupee One Lakhs Only) on the bh& , concerned Company and Rs. 1,00,000/- (Rupees One Lakh Only) to the ff $oN \ 3 \ Directors in default for 2020-2022 under Section 12 of the Act, in Total

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Rs. 4,00,000/- (Rupees Four lakh Only) (i.e., Rs. 1,00,000 for Company and Rs. 1,00,000 x 3 Directors) for violation of the section 12 of the Companies Act, 2013.

S. The appeal was heard on 02.04.2025. The Authorized Representative was requested to make submissions, by virtue of which the undersigned can invoke the provisions of Section 454(7) of the Companies Act, 2013.

The Ld. Company Secretary has reiterated the submissions as submitted while Passing the order under challenge and has placed certain orders passed by some of the Regional Directors wherein the penalty order has been reduced, and the Ld. Company Secretary has requested a reduction of penalty.

Having heard the matter and based on the facts and circumstances of the present matter, I consider it fit not to interfere with the impugned Adjudication order dated 12.06.2024.

As such the Appellant is directed to comply with the ROC order dated 12.06.2024 by Paying the penalty as stated therein within a period of 90 days and failure to pay the penalty will attract provisions of Section 454(ii) of the Companies Act, 2013.

6. Hence the instant Appeal stands disposed of accordingly.

= Tiwari) REGIONAL DIRECTOR (ER)

Signed this on the 16‘ day of APRIL 2025. Ms /Oo + \

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Copy to:-

• Be coe KALINGA TREXIM PRIVATE LIMITED NARAYANI COMPLEX, 1* Floor, 268, G.T. ROAD LILUAH, HOWRAH — 711204, WEST BENGAL, INDIA

• ee SINGH (Director) 222/1B, G.T. ROAD BELURMATH, HOWRAH — 711202, WEST BENGAL, INDIA

• ff[SAMIR][ PRASAD][(Director)] 99, RAIL COLONY, RADHABALLAV ROAD, NAIJHATI - 743165, WEST BENGAL, INDIA

• Es agit anti PASHI (Director) RADHABALLAV ROAD, HINDUSTANI PARA, NAIHATI — 743165, WEST BENGAL, INDIA

• “The Registrar of Companies, West Bengal for information in respect of his letter no. ROC/LEGAL/ADJ/331/145773/2023/ 10983 dated 07.02.2025

• MO[The][Officer][in][Charge,][E-Gov.][Cell,][Ministry][of][Corporate][Affairs,][5t][Floor,] A wing Shastri Bhavan, New Delhi-110001, With a request to upload this Order on the website of the Ministry.