Application No. RD (NWR)/441/Sec. 148/29/2023-24 / 210040 oy BEFORE THE REGIONAL DIRECTOR NORTH-WESTERN REGION MINISTRY OF CORPORATE AFFAIRS, AHMEDABAD Date of hearing: - Present: - IN THE MATTER OF THE COMPANIES ACT, 2013

AND- IN THE MATTER OF Smilax Healthcare Private Ltd 67 Mathur Vaisya Nagar, Tonk Road, Jaipur, Rajasthan-302018.

• AND - IN THE MATTER OF APPLICATION UNDER SECTION 441 OF THE COMPANIES ACT, 2013 FOR COMPOUNDING OF OFFENCE COMMITED UNDER SECTION 148(2) and 148(6) OF THE COMPANIES ACT, 2013.
• AND - IN THE MATTER OF

Smilax Healthcare Private Ltd, Company 2. Shri Mukut Bihari Goyal Director 3. Shri Vibhor Goyal, Director 4. Shri Anand Prakash Sharma, Director ................ Applicants 19.07.2023. 1. Shri Mahendra Prakash Khandelwal, Practicing Company Secretary, authorized representative of the applicants. 2. Shri R. S. Meena, Joint Director. ORDER An application under Section 441 of the Companies Act, 2013 (here-in- . after called as “Act”) for compounding of offence committed under Section 148(2) and 148(6) of the Companies Act, 2013 has been filed by the above named applicants vide SRN F60711512 dated 25.04.2023 with the O/o the Registrar of Companies, Jaipur and thereafter, the same was forwarded along with his report thereon dated 02.06.2023 to this Directorate i.e. 0O/o the Regional Director (NWR), Ahmedabad, for consideration. 2, It is observed from the compounding application tHat the Cost Audit Branch of the Ministry has issued Show Cause Notice vide No.

O/o the Regional Director (NWR), Ahmedabad, for consideration. 2, It is observed from the compounding application tHat the Cost Audit Branch of the Ministry has issued Show Cause Notice vide No. 52/21/CAB/2020 dated 11.01.2023 to the applicants, wherein Cost Audit Branch has stated that as =t 11 SEP 2023

per the turnover and product codes information contained in e-Form No. AOC-4 XBRIL filed by the applicant company for the Financial Year ended as 31.03.2016, the applicant company is required to conduct Cost Audit and appointment of Cost Auditor for the Financial Year 2016-17 as per Section 148 of the CA, 2013 read with Rule 6 of The Companies (Cost Records and Audit) Rules, 2014. However, the applicant company has failed to appoint Cost Auditor as well as Cost Audit report within the prescribed time limit for the Financial Year 2016-17. Accordingly, the applicant company has violated the provisions of section 148 (2) and 148(6) of the Companies Act, 2013 and Rules made thereunder. 3. ROC has further reported that the period of default pertains to Financial Year 2016-17. 4. ROC has reported that the default has been made good as the applicant company has appointed the Cost Auditor & filed the relevant e-Form CRA-2 vide SRN F57829053 dated 25.01.2023 required under the provisions of section 148(2) of the Companies Act, 2013, Further it is observed the company has also filed Cost Audit Report in CRA-4 vide SRN F57987166 dated 28.01.2023 for compliance of section 148(6) of the Companies Act, 2013.

e Companies Act, 2013, Further it is observed the company has also filed Cost Audit Report in CRA-4 vide SRN F57987166 dated 28.01.2023 for compliance of section 148(6) of the Companies Act, 2013. 5 ROC has reported that for the violation of section 148(2) and 148(6) of the Companies Act, 2013 fine provided in section 148 (8) of the Companies Act, 2013 and as per provision of section 148 (8) of the Companies Act, 2013, “if a company fails to comply with the provision of the section 148, the company and every officer of the company who is in default shall be punishable in the manner as provided in subsection (1) of the section 147 (the company shall be punishable with fine which shall not be less than twenty —five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees or with both).”

all be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees or with both).”

During the hearing, Mr. Mahendra Prakash Khandelwal, Practicing Company Secretary and authorized representative of the applicants reiterated submissions made in the application by the applicants. He has further stated that the defaults have already been made good. 7. Shri R. S. Meena, Joint Director stated that the instant application has been forwarded by the O/o ROC, Jaipur vide letter dated 02.06.2023. After consideration of the submissions made by the applicants in their application and oral submissions made by Mr. Mahendra Prakash Khandelwal, Practicing Company Secretary and authorized representative of the applicants, report submitted by the O/o ROC, Jaipur and also submission made by Shri R. S. Meena, Joint Director and keeping in mind all the relevant facts and circumstances, it is observed that the applicants have committed default under Section 148(2) and 148(6) of the Companies Act, 2013. After taking into consideration all the relevant facts of the case, the aforesaid defaults are compounded on payment of compounding fees of Rs. 27, 500/- (Rupees Twenty Seven Thousand Five Hundred Only) on the applicant company and Rs. 11,000/- (Rupees Eleven Thousand Only) on each director for violation of section 148(2) of the Companies Act, 2013.

Rupees Twenty Seven Thousand Five Hundred Only) on the applicant company and Rs. 11,000/- (Rupees Eleven Thousand Only) on each director for violation of section 148(2) of the Companies Act, 2013. Further the same fine has also been imposed for violation of section 148(6) of the Companies Act, 2013 i.e. total Rs. 27,500/~ X 2 = Rs. 55,000/- on Company and Rs. 11,000/- X 3 X 2 = 66,000/- on each director to be paid within 7 days hereof. 8. The compounding fee has been paid by the applicants as per the details given below: - Sl Name of the Applicant Fine Fine Amount SRN & Date No. u/s. u/s. (Rs.) 148(2) | 148(6) 01. |Smilax Healthcare Private | 27,500 | 27,500 | 55,000/- |X47552872 Ltd, Company 02. |[Shri Mukut Bihari Goyal | 11,000 | 11,000 | 22,000/- |X47552161 Director 03. | Shri Vibhor Goyal, Director | 11,000 | 11,000 | 22,000/- | X47555842 04. | Shri Anand Prakash | 11,000 | 11,000 | 22,000/- |X47555693 Sharma, Director

| 22,000/- |X47552161 Director 03. | Shri Vibhor Goyal, Director | 11,000 | 11,000 | 22,000/- | X47555842 04. | Shri Anand Prakash | 11,000 | 11,000 | 22,000/- |X47555693 Sharma, Director

The application stands disposed of with these orders. M""/ REGIONAL DIRECTOR NWR, AHMEDABAD To, }/filax Healthcare Private Ltd, Company 67, Mathur Vaisya Nagar, Tonk Road, Jaipur, Rajasthan-302018. 2. Shri Shri Mukut Bihari Goyal Director B-1/201, Hill View Apartment, Jharmzari Baddi, GIDI (235), Solan Himachal Pradesh- 174103.. 3. Shri Vibhor Goyal, Director 10-A, Mathur Vaish Nagar, Near Ram Mandir, Tonk Road, Sanganer, Jaipur, Rajashtahn- 302011. 4, Shri Anand Prakash Sharma, Director Jumna Gali, Mallaha, Tula, Fatehabad, Agra, U.P. —283111. 5. Registrar of Companies, Jaipur.... with reference to the letter No. ROC- JPR/441/CA2013/416 dated 02.06.2023.

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