Adjudication order for violation of section 12 of Companies Act, 2013 in the matter of M/S. Yagreshaani Micrope Association

7 Application No. RD nR q4 ^3 a fpeal/f, I BEFORE TFIE REGIONAL DIRECTOR, EASTERN REGION MINISTRY OF CORPORATE AFFAIRS, KOLKATA. IN THE MATTER OF THE COMPANIES ACT,zOI3 -AND. IN THE MATTER OF Yagreshaani Micrope Association Smt Guddi Bhat W/O Alok Kumar Chandwa Office of S,P Bhojpur, Bihar-802301. .AND. IN THE MATTER OF i Application under section 454(5) of The Companies Act, 2OL3 for preferring an appeal against the penalty order dated 06.07;2023 of the I 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. Yagreshaani Micrope Association Smt Guddi Bhat W/o Alok Kumar Chandwa Office of SP Bhojpur, Bihar-8023}1
2. Shri Deepka Kumar Mishra Deorhia, Dewarhiya Buxar Bihar-802122. 7f8 ,.\

2 3. Shri Amish Kumar Gupta 152, Gaon Chausa Thana2 Town/Vill Chausa Buxar 802214 Bihar. 4. Shri Nand Kishor Mishra AtlPo Majhwari Simri Dt Buxar Dumraon Bhojpur 802133 Bihar. APPELLANTS 05.05.2025 Date of Hearing Present : Mr. Janana Ranjan Dhal, Learned Practieing Company Secretary and Authorized Representative on behalf of the appellants. ORDER

1. The present Appeal has been preferred under section 454 (5) of the Companies Act, 2Ol3 read with the provisions of the Companies (Adjudication of Penalties) Rules, 2Ol4 vide Form ADJ bearing SRN no. F63B6l7l0 dated 04.09.2023 against the penalty order dated 06.07.2023 (passed by the Adjudicating Authority i.e.

of the Companies (Adjudication of Penalties) Rules, 2Ol4 vide Form ADJ bearing SRN no. F63B6l7l0 dated 04.09.2023 against the penalty order dated 06.07.2023 (passed by the Adjudicating Authority i.e. Registrar of Companies, Patna) for the violation of section 12 of the Companies Act 2Ol3 communicated to the appellants vide letter no ROC/Pat lComptl60297 1559 dated 06.07.2023. The Appeal has been filed within the prescribed time i.e. 60 (sixty) days as per 4s4 (61 of the Companies Act, 2Ol3 ll+' *

3 2. The Registrar of Companies, Patna, had issued a letter dated 3O.O3.2O23 to the Company & its Directors which was returned undelivered from the regisfered office address of the Company i.e. from 'Smt. Guddi Bhat, W/o Alok Kumar, Chandwa, Office of SP Bhojpur, PIN-802301, Bihar'. Thereafter another show cause notice was issued for violation of section 12 of the Companies Act, 2Ol3 vide letter no.ROC/Patl6O297 1334-337 dated 19.05.2023 to the Company and its Off-rcers in default at the Registered office address i.e at 'Smt. Guddi Bhat, W/o Alok Kumar, Chandwa, Office of SP Bhojpur, PIN-802301, Bihar'and the same was returned back undelivered. 3. Considering the above ' facts and circumstances of the case, the Adjudicating Authority has imposed Penalty for violation of section 12 of the Act as under: - Nature of default Violation under Companles Act, 2013 Name of Perso on whom penalty lmposed I No.

se, the Adjudicating Authority has imposed Penalty for violation of section 12 of the Act as under: - Nature of default Violation under Companles Act, 2013 Name of Perso on whom penalty lmposed I No. of days of default* Total Penalty (Rs.l Maximum penalty as Section 12(8) (Rs.) Penalty Imposed (Rs.) [As per section 44682 penalty shall not be more than one half of the penalty specifled ln such sectionsl Non- Maintenance of registered office Section D$l rlw 12(41 of the Act,2013 On Company 98 981000= 99,000 98,000 49,000 98 98 1000= 98,000 98,000 49,000 Shri Deepak Kumar Mishra 98 000 , 49,000 Shri Amish Kumar Gupta 98 98* 1000= 98,000

4 Shri Nand Kishor Mishrai 98 98* lOOO= 98,OOO 98,OOO 49,000 (No. of days has been calculated from 30.03.2023 to till date of order i.e. 06.07.2023) 4. Having considered the facts and circumstances of the case and after taking into account the facts above, ROC, Patna imposed a penalty of Rs. 49,OOO|- (Rupee Forty-Nine Thousand Only) on the concerned Company and Rs. 49,OOO I - (Rupees Forty-Nine Thousand Only) on each Directors in default under Section 12 of the Act, in Total Rs. 1,96,000/- (Rupees One Lakh Ninety-six Thousand Only) (i.e., Rs. 49,000 for Company and, Rs. 49,000 x 3 Directors) for violation of section t2 of the Companies Act, 2013. 5.

of the Act, in Total Rs. 1,96,000/- (Rupees One Lakh Ninety-six Thousand Only) (i.e., Rs. 49,000 for Company and, Rs. 49,000 x 3 Directors) for violation of section t2 of the Companies Act, 2013. 5. The matter was fixed for hearing on 05.05.2025, during which the Authorized Representative of the Company was present and was called upon to make submissions regarding any infirmity in the order passed by the Registrar of Companies. The Authorized RepreSentative submitted that the Company had shifted its Registered Oflice from "Smt. Guddi Bhat, W/o Alok Kumar, Chandwa, Office of SP Bhojpur, PIN-802301, Bihar' to "Clo Amarendranath Pandey, Ground Floor, Housing Colony Road, Near BSNL Office, Ambey Nagar, Arrah, PIN-802312' with effect from 14.03.2023, and that thp said change was duly in Registrar of Companies through filing of Form INC-22 on t*

5 vide SRN AA1820591. The change of address was also duly updated in the Master Data of the Company available on the MCA Portal. :. It was further submitted that despite such compliance, the Registrar of Companies issued a Show Cause Notice dated 19.05.2023 to the Directors and the Company under Section 12 of the Companies Act, 2Ol3 at the previous (otd) registered office address, rather than at the updated address as reflected in the MCA records. The notices, however, were received by the Directors, and a reply was furnished to the Registrar of Companies by email on 03.08.2023, wherein it was clarified that the Company had already shifted its registered office and had duly filed Form INC-22 vide SRN AA1820591 dated 06.04.2023. 6.

gistrar of Companies by email on 03.08.2023, wherein it was clarified that the Company had already shifted its registered office and had duly filed Form INC-22 vide SRN AA1820591 dated 06.04.2023. 6. In view of the above submissions, it has been observed from the records in the MCA system that the Company had filed Form INC-22 vide SRN AA1820591 on the MCA Portal on 06.04.2023, thereby intimating the change of its Registered Office from "Smt. Guddi Bhat, Wlo Alok Kumar, Chandwa, Office of SP Bhojpur, PIN-8O23O1, Bihar' to "Clo Amarendranath Pandey, Ground Floor, Housing Colony Road, Near BSNL OfIice, Ambey Nagar, Arrah, PIN-8O2312" with effect from t4.03.2023. The same has been duly reflected in the Master Data of the Company maintained on the MCA Portal. However, the Show Cause No 19.05.2023 was issued to the Company at its previous '/O evident from the copy of the notice enclosed with the appeal. ** C,, -j :'
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6 Upon perusal of the documents and the submissions made by the Authorised Representative during the course of the hearing, it is evident that the alleged violation pertains to the intervening period from the date of letter issued by ROC Patna vide letter No. ROC/PatlMiscl2965-2968 dated 30.03.2023 to the date of filing of INC 22 vide SRN AA1820591 dated 06.04.2023. Thus, the period of violation is from 30.03.2023 to 06.04.2023 i.e. 8 days. 7.

letter No. ROC/PatlMiscl2965-2968 dated 30.03.2023 to the date of filing of INC 22 vide SRN AA1820591 dated 06.04.2023. Thus, the period of violation is from 30.03.2023 to 06.04.2023 i.e. 8 days. 7. ln view of the above facts and circumstances, the order of the Registrar of Companies, Patna dated 06.07.2023 is modified as under: Nature of default Violation under Companies Act, 2O13 Name of Perso on whom ." penalty imposed No. ofdays of default* (30.03.2023 to 06.o4.2023]l Total Penalty (Rs.l Maximum penalty as Section 12(81 (Rs.l Penalty Imposed (Rs.f I As per section 446B.2 penalty shall not be more than one half of the penalty speclfled ln such sectionsl Non- Maintenance of registered office Section D$) rlw 12(4) of the Act,2013 On Company 08 081000= 8,000 8,000 4,000 Shri Deepak Kumar Mishra' 08 08 1000= 8,000 8,000 4,000 Shri Amish Kumar Gupta 08 08* 1000=8,000 9,000 rJ:r;,tr-J 4,000 -:
r.\ Shri Nand Kishor Mishra 08 08* 1000= 8,000 M'nry, )i J) 'rtlt t!fr

Shri Deepak Kumar Mishra' 08 08* 1000= 8,000 8,000 4,000 Shri Amish Kumar Gupta 08 08* 1000=8,000 9,000 rJ:r;,tr-J 4,000 -:
r.\ Shri Nand Kishor Mishra 08 08* 1000= 8,000 M'nry, )i J) 'rtlt t!fr

7 Having considered the facts and circumstances of the case the Company and the Directors are liable to pay as under The Company and directors/officers of the company shall pay the amount of penalty from out of their own pockets. The amount of penalty shall be paid within a period of 90 days from the date of receipt of the copy of the order. Further, if the company and its directors fail to deposit the penalty amount within the prescribed time limit action under section 454(8Xi) and (ii) of the Companies Act, 2o|3shallbeinitiatedagainsttheCompanyanditsDirectors Hence the instant Appeal stands disposed of accordingly. U-- (Rakesh Kumar Tiwari) REGIONAL DIRECTOR (ER) Signed this the 27ta day of October,2025. Vt. 1,1n, 1oi /)a .i J 4 * :+ Name of the Appellants No. of Days delayed Amount to be paid Company 8 days 4000 Shri Deepak Kumar Mishra 8 days 4000 Shri Amish Kumar Gupta 8 days 4000 Shri Nand Kishor Mishra 8 days 4000 Total 16,000/- ll ,L;"+r:.,ltitl.tl 'I

Days delayed Amount to be paid Company 8 days 4000 Shri Deepak Kumar Mishra 8 days 4000 Shri Amish Kumar Gupta 8 days 4000 Shri Nand Kishor Mishra 8 days 4000 Total 16,000/- ll ,L;"+r:.,ltitl.tl 'I

8 Copy to:- Yagreshaani Micrope Association "C /o Amarendranath Pandey, Ground Floor, Housing Colony Road, Near BSNL Office, Ambey Nagar, Arrah, PIN-802312". 2. Shri Deepka Kumar Mishra Deorhia, Dewarhiya Buxar Bihar-802122. 3. Shri Amish Kumar Gupta " 152, Gaon Chausa Thana2 Town/Vill Chausa Buxar 802214 Bihar. At/Po Majhwari Simri Dt Buxar Dumraon Bhojpur 802133 Bihar. 5. The Registrar of Companies, Patna for information 6. The Officer in Charge, E-Gov. Cell, Ministry of Corporate AffairS, Sft Floor, A wing Shastri Bhavan, New Delhi-l10001, With a request to upload this Order on the website of the Ministry. I /.ft- ?J=-) j . .i l('9, i'r! I