Adjudication order for violation of section 143 of Companies Act, 2013 in the matter of M/S.ASISH UPADHYAY & CO.

Application No. RD/ERl4S4l 14l23l Appeal srur BEFORE THE REGIONAL DIRECTOR, EASTERN REGION MINISTRY OF CORPO AFFAIRS, KOLKATA IN THE MATTER OF THE COMPANIES ACT, 2OL3 .AND- IN THE MATTER OF C.A. Asish Kumar Upadhyay M/S. ASrSH UPADHYAY & CO. CHARTERED ACCOUNTANTS ROOM NO. 502, BLOCK - E 1, SUBHASH NAGAR HOUSING COMPLEX, RISHRA, HOOGHLY _ 712249, WEST BENGAL, INDIA For Elite Realcon Private Limited (crN - u45400wB2 0 1 OPTC t 42960) .AND. IN THE MATTER OF Application under section 454 (5) of The Companies Act, 2Ol3 for preferring an Appeal against the penalty order dated 29.05. Registrar of Companies, Kolkata, West 2023 1 d5
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passed for violating the provisions of section 143 of the Companies Act, 2Ol3 -AND. C.A. Asish Kumar Upadhyay M/S. ASrSH UPADHYAY & CO. CHARTERED ACCOUNTANTS ROOM NO. 502, BLOCK _ E 1, SUBHASH NAGAR HOUSING COMPLEX, RISHRA, HOOGHLY _ 712249, WEST BENGAL, INDIA For Elite Realcon Private Limited (crN - U454OOWB2O 1OPTCL4296OI APPELLANT Date of Hearing :13.O5.2O25 Present Shri Chanchal Kumar Jain, Ld. Advocate for the Appellant ORDER

1. The present Appeal has been preferred under section 454 Companies Act, 2Ol3 read with the provisions of the (Adjudication of Penalties) Rules, 2Ol4 vide Form ADJ
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the Appellant ORDER

1. The present Appeal has been preferred under section 454 Companies Act, 2Ol3 read with the provisions of the (Adjudication of Penalties) Rules, 2Ol4 vide Form ADJ
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no. F62925292 dated 05.08.2023 by the aforesaid appellant against the penalty order dated 29.05.2023 passed by the Adjudicating Authority i.e. Registrar of Companies, Kolkata, West Bengal for violation of section 143 of the Companies Act 2Ol3 and communicated to the appellant vide letter no. ROC/ADJ 1202311383t212191 - 2t95 dated 29.O5.2O23. The Appeal has been filed within prescribed time limit i.e. 60 (sixty) days as required under section 454 (6lrof the Companies Act, 2013. 2. The office of the Registrar of Companies, Kolkata, West Bengal had issued Adjudication notice for violation of section 143 of the Act vide letter no. ROC/ADJl2122l138312 dated 13.09.2022 to the Auditor in default for violation of Section L43(21and 143(3) of the Companies Act,2013. In this regard, a reply dated 29.O9.2022 to the adjudication notice was received from the company for aforesaid Adjudication notice to the ROC, Kolkata 3. Considering the above facts and circumstances of the case, the Adjudicating Authority had imposed Penalty for violation of section 143 of the Act as under:- 3lPage

tion notice to the ROC, Kolkata 3. Considering the above facts and circumstances of the case, the Adjudicating Authority had imposed Penalty for violation of section 143 of the Act as under:- 3lPage

Penalty imposed U/S 450 of the Companies Act, 2Ol3 against the defaulters (First Default = Rs. 10,000. Continuing Default : Rs. 1000/day. Subject to maximum Rs. 2,O0,0O0 in case of Company and Rs. 5O,OOO in case of Officer - in - default and any other person) ASISH KUMAR UPADHYAY (FOR THE F.Y. 2074 -15) M/S. ASISH UPADHYAY & CO., CHARTERED ACCOUNTANTS AMOUNT (ln Rs.) lst Instance Rs. 10,000/- 2"d Instance Rs. 10,000/- 3rd Instance Rs. 10,000/- th Instance Rs. 10,000/- TOTAL (In Rs.) Rs. 4O,OOO| - 4. Having Considered the facts and circumstances of the case and after taking into account the facts stated above, ROC, Kolkata imposed a penalty of Rs 40000/- (forty thousands only) on the Auditor for F.Y 2OL4- 1S(Four instances) for the violation of Section 143 of Companies Act,2013 5. The appeal was heard on 13.05.2025. The Authorised Representative Shri Chanchal Kumar Jain, Learned Counsel was asked to make submission regarding infirmity in the order of Registrar of Companies, the Authorised Representative submitted the following groundsl 4 1i ,,il 4l

nchal Kumar Jain, Learned Counsel was asked to make submission regarding infirmity in the order of Registrar of Companies, the Authorised Representative submitted the following groundsl 4 1i ,,il 4l

a) That Adjudication of penalty under section 45O of CA 2013 cannot be imposed for the alleged offences committed for the years 2O|O-2O 11 to 2Ol5-2O16 retrospectively. In this connection it is stated that adjudication order passed by ROC, Kolkata does not relate to financial year 2}lo-ll, 2OII-I2,2012-13 & 2013-14. 6. As such no ground is made out u/s a5a(7) of the Companies Act, 2OL3 under which the order can be modified. Accordingly, the undersigned by virtue of the power vested under section 454(7) of the Companies Act, 20 13 read with the Companies (Adjudication of Penalties) rules, 2Ol4 confirms the order of the Registrar of Companies, West Bengal dated 29 I OS I 2023. 7. The Appellant of the company shall pay the amount of penalty from out of his own pocket. The amount of penalty shall be paid within a period of 90 days from the date of receipt of the copy of this order. 8. Further, if the Appellant fail to deposit the penalty amount within the prescribed time limit, action under section 454(8) (ii) of the Companies Act, 2013 shall be initiated against the Auditor. 9. The instant Appeal stands disposed of accordingly. N--- (Ra kesh K r Tiwari) REGIONAL o: Signed this thefi L&v of october, 2fl25 -ir ! ** age (ER)

ct, 2013 shall be initiated against the Auditor. 9. The instant Appeal stands disposed of accordingly. N--- (Ra kesh K r Tiwari) REGIONAL o: Signed this thefi L&v of october, 2fl25 -ir ! ** age (ER)

Copy to:- C.A. Asish Kumar Upadhyay M/S. ASrSH UPADHYAY & CO. CHARTERED ACCOUNTANTS ROOM NO. 502, BLOCK _ E 1, SUBHASH NAGAR HOUSING COMPLEX, RISHRA, HOOGHLY _ 712249, WEST BENGAL, INDIA 2. The Registrar of Companies, Kolkata, West Bengal, for information in respect of his letter no. ROC/ADJl202319516 dated L8.L2.2O23 3. The Officer 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 6lPage