In the matter of M/s. NIRMALA BAID (DIRECTOR)
In force — no superseding record on file.
Aoolication No. RD/T/ADJ / 155/NB/Apoeall2o25
/35S -57
BEFORE THE REGIONAL DIRECTOR, EASTERN REGION
MINISTRY OF CORPORATE AFFAIRS
KOLKATA.
IN THE MATTER OF
THE COMPANIES ACT, 2013
.AND-
IN THE MAT.TER OF
NIRMALA BAID (DIRECTOR)
18, OUTRAM STREET, KOLKATA
WEST BENGAL-7OOOI7
CONTACT: 9OO7365799
E-mail: nsbaid30(@smail. com
(DIN:03640941)
-AND-
IN THE MAT"TER OF
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Application under section a5a(5) of The Companies Act,
2013 for preferring an appeal against the penaity order
dated 03.12.2024 of Registrar of Companies, West
Bengal passed for violation of the Provisions of Section
155 of the Companies Act, 2013.
-AND
IN THE MATTER OF
NIRMALA BAID (DIRECTOR)
18, OUTRAM STREET, KOLKATA
WEST BENGAL-7OOOI7
CONTACT: 9OO7365799
E-mail: nsbaid3
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(DIN: O36a09a1)
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1,
APPtrLLANT
2 Present : Mrs. Jayshri Tulsyan, Ld. Company Secretary and Authorized Representative. ORDER
- The present appeal has been preferred under section 454(5) of the Companies Act,2013 read with the provisions of the Companies (Adjudication of Penalties) Rules, 2014 vide Form ADJ bearing SRN no. A82443565 dated 16101 12025 against the penalty order dated 03.12.2024 for violation of Section 155 of the Companies Act, 2013 passed by the Adjudicating Authority i.e. Registrar of Companies, Kolkata, West Bengal dated 03.12.2024 communicated to the appellant vide letter no. ROC/ADJl650l2O24 18637 dated 03.12.2024. The appeal was hled within the prescribed time limit i.e. 60(sixty) days as per Section 454(6) of the Companies Act, 2013.
to the appellant vide letter no. ROC/ADJl650l2O24 18637 dated 03.12.2024. The appeal was hled within the prescribed time limit i.e. 60(sixty) days as per Section 454(6) of the Companies Act, 2013. 2. The office of the Registrar of Companies, West Bengal, had issued Adjudication notice for violation of section 155 of the Act vide no. ROC/ADJ/65012024 18475 daled 27.11.2022 to the Director. In this regard, no reply was received from the Appellant Director in default for the above stated violation. 3. However, while passing the Adjudication order bearing no. ROC/ADJ/65O12024 18637 dated 03.12.2024, ROC, WestBengal, after hearing Ms. Jayshri Tulsyan, Ld. Company Secretary appearing on behalf of appellant, has passed the order as per the table below: Date of Hearing : 21.o.3.2ol25
Name of the Applicant Company/ Director who is in default Nature of violation Amount calculated (ln Rs.) u/s Section 159 Penalty Imposed (ln Rs.) Nirmala Baid (Director) IDIN:036409a1] Violation of Section 155 ofthe Companies Act,2013 50,000+500*555 (Days) = 3,27,5OO 3,27,500 Total Penalty payable 3,27,500 [Total 555 Days of default (ftom 17.04.2023 i.e.: Date of obtaining Duplicate DIN to 23.10.2024 i.e. Date of lilling of DIR-S to surrender the Duplicate DIN)I 4. Having considered the facts and circumstances of the case and after considering the factors above, ROC, West Bengai, imposed a penalty oI Rs. 3,27,500/- (Rupees Three Lakh Twenty-Seven Thousand and Five Hundred Only) on the concerned Director under Section i59 ofthe Act, for failure to comply with the Act u/s. 155 of the Act. 5.
lty oI Rs. 3,27,500/- (Rupees Three Lakh Twenty-Seven Thousand and Five Hundred Only) on the concerned Director under Section i59 ofthe Act, for failure to comply with the Act u/s. 155 of the Act. 5. The appeal was heard on 2l l03l2025. 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, 20 13. The Ld. Company Secretary (ICSI Memb. No.77251 has reiterated the submissions as submitted during the course of passing of the order under challenge and has placed on certain orders passed by some of the Regional Directors wherein the penalty order has been reduced, and the Ld. Company Secretary has requested for reduction of penalty. Having heard the matter and based on the facts and circumstances of the present matter, I consider it lit not to interfere in the impugned Adjudication order dated 03. 12.2024.
4 As such the Appellant is directed to comply with the ROC order dated 03.12.2024 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. ) (Rakesh Kumar Tiwari) REGTONAL DTRECTOR (ER) Signed this the OTth day of May, 2025. Copy to:- w J,/ NIRMALA BAID (DIRECTOR) 18, OUTRAM STREET, KOLKATA WEST BENGAL-7OOO17 CONTACT: 9007365799 E-mail: nsbaid3 ail.com (DIN: 03640941 The Registrar of Companies, Kolkata, West Bengal, for information in respect of his letter no.
18, OUTRAM STREET, KOLKATA WEST BENGAL-7OOO17 CONTACT: 9007365799 E-mail: nsbaid3 ail.com (DIN: 03640941 The Registrar of Companies, Kolkata, West Bengal, for information in respect of his letter no. ROC/LEGAL/ADJ/650 I 2024 I 10981 dated o7 2.2025. The Ofhcer in Charge, E-Gov. Cell, Ministry of Corporate Affairs, Stt' Floor, A wing Shastri Bhavan, New Delhi-110001, with a request to upload this Order on the website of the Ministry.
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