Adjudication order for violation of section 134(f) of Companies Act, 2013 in the matter of M/s. Gita Refractories Pvt Ltd

Appeal No. 16/2025 BEFORE THE REGIONAL DIRECTOR, SOUTH EAST REGION MINISTRY OF CORPORATE AFFAIRS, HYDERABAD IN THE MATTER OF COMPANIES ACT, 2013 IN THE MATTER OF GITA REFRACTORIES PRIVATE LIMITED

• Ms GITA REFRACTORIES PRIVATE LIMITED # 105, R R Takt 37 Boopasandra Main Road, Bangalore, Karnataka, 560094.

  2. Mr. Rajgopal Shankarlal Gilada (Managing Director) H.NO. 10/5, Shivam Khuba Plots, Gulbarga, Karnataka-585102.

vittieeetateeteeeeeeeeeese APPellants

Date of hearing: 03.07.2025, 09.09.2025 Present: Mr. Rameshchand Jain, Charted Accountant,

ORDER

1. M/s. GITA REFRACTORIES PRIVATE LIMITED has filed an appeal under section 454(5) of the Companies Act, 2013 along with the above appellants in e-form ADJ vide SRN AB3272092 dated 08.04.2025 against the adjudication order issued vide F.No. ROCB/Adj.454-134(f))/Gita Refractories/017233/2024 dated 07.02.2025 under section 454(5) of the Companies Act, 2013 read with section 134(f) of the Companies Act, 2013 passed by the Registrar of Companies, Bangalore.

2. Registrar of Companies in his Adjudication order dt. 07.02.2025 has stated that a hearing notice was issued to the company and its Managing Director on 04.12.2024 and physical hearing was held on 10.12.2024. Ms. Mohita Agarwal, CS attended on behalf of the company and its directors and placed her submissions before the adjudicating Authority.

3. RoC has stated that the violation under section 134(3)(h) calls for explanation/comments of the Board on every qualification, reservations, adverse remark or disclosure of the Auditor in the Board’s Report. As the explanations furnished by the company were not found in the Board’s Report, the company and its officers in default are liable for penal action under section 134(8) of the Act. Therefore having considered the facts and circumstances and submissions made by the AR the following penalty has been levied for the FY 2017-18, 201819,2019-20,2020-21 on Compe aN Managing Director of the Company.

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naging Director of the Company.

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----- Start of picture text -----<br> 1 M/s. GITA REFRACTORIES PRIVATE<br>LIMITED<br>2 Mr. Rajgopal Shankarlal Gilada<br>(Managing Director)<br>----- End of picture text -----<br>

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----- Start of picture text -----<br> Penalty imposed under<br>section 134(3)(a)<br>Rs.12,00,000/-<br>Rs.2,00,000/-<br>----- End of picture text -----<br>

4. The appeal filed by the company before this Directorate was heard on 09.09.2025 and Mr. Rameshchand Jain Charted Accountant /Authorised representative (AR) has attended the personal hearing before the Regional Director and made his submissions.

5. The documents and the submissions of the AR of the Appellants have been examined and it is observed that there is no infirmity in the order of the AO. Hence the appeal is dismissed.

Issued on this [2~day of November 2025.

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Copy for information and necessary action to:

1. Registrar of Companies, Ministry of Corporate Affairs, Bangalore, Karnataka.

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Copy for information and necessary action to:

1. Registrar of Companies, Ministry of Corporate Affairs, Bangalore, Karnataka.

2. The Joint Secretary, E-Governance Cell, Ministry of Corporate Affairs, New Delhi.

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