Compounding order under Section 441 of the Companies Act, 2013 for violation of Section 96 of the Companies Act, 2013 in the matter of Gopal Emporium Private Limited
File No. RD(NWR)/441/037/2023/ 1133 SRN GNL-1 F65308892, Dated : 27.09.2023 BEFORE THE REGIONAL DIRECTOR (NWR) MINISTRY OF CORPORATE AFFAIRS IN THE MATTER OF:- SECTION 441 OF THE COMPANIES ACT, 2013 AND SECTION 96 OF THE COMPANIES ACT,2013. IN THE MATTER OF:-
- Gopal Emporium Private Limited
- Navin Lalchand Vaswani ~(Applicant No. 1} -(Applicant No.2) INTERIM ORDER pate: 2 ( JUN 204 Parties present Sr. No. Name and Designation
Sh. Rishabh Shah, PCS & AR of the Applicants Compounding application received from:
- Gopal Emporium Private Limited -(Applicant No.1)
- Navin Lalchand Vaswani -(Applicant No.2) under Section 441 of the Companies Act, 2013. Violation-Details and nature of the violation. - Not holding AGM as per time prescribed under sec. 96 of the Companies Act, 2013 for the financial year 2021-22. Consideration of Regional Director; - Sr. No. Particulars Remarks 1 Name of the company Gopal Emporivm Private Limited CIN of the company U52190GJ2012PTC069147 Date of Incorporation of the Company 24/02/2012 2 3 4 Whether the company is an Active- Compliant or Active-Non-Compliant Company? Active Compliant [} Latest filed financial statements (AR & BS) 31-03-2023 Paid-up capital as per the latest filed financial statement of the company. 2022-23 Rs. 54,00,000 /- 2021-22 Rs. 54,00,000/- Turnover of the company as per latest filed financial statement. 2022-23 Rs. 7,81,25,131/- 2021-22 Rs. 6,01,26,810/- Net-worth of the company as per latest filed financial statement. 2022-23 Rs. 1,51,52,890/- 2021-22 Rs. 1,30,60,470/- Reserve & Surplus of the company as per latest filed financial statement. 2022-23 Rs. 97,52,897/- 2021-22 Rs. 76,60,477/- 10 Whether any prosecution is pending? Yes/ No and furnish the case number, if applicable, No 11 Whether the compounding application has been filed Suo-moto or on receipt of show cause notice. Suo-moto Violations of Section for which compounding application is filed? Section 96 of the Companies Act, 2013 for F.Y.2021-22 Penal Provision for the violation. Section 99 of the Companies Act, 2013 The maximum punishment prescribed for such offence. Fine ‘Whether the default is continuing? Yes/ No No Whether the default has been made good? Yes/ No Yes, the AGM for F.Y. 202122 was convened on 01.02.2023 with a delay of 123 days. S 1|Page
17 | The act of defaulters is prejudicial to the | No interest of the members or company or public interest or not 18 | Any other observation / remarks in the | The company has filed MGT 7A for the matter. F.Y 2021-22 on 22.04.2023 vide SRN F60655594 wherein the company has entered the date of AGM as 01.02.2023. 4, Any other details: - The company is incorporated on 18.03.2013 with the paid-up capital of Rs. 54,00,000 /- and the net worth of the Company as per the financial statement for the year 2022-2023 is Rs. 1,51,52,890/- and reserve and surplus amounting to Rs. 97,52,897/-. Further, the compounding fee would be imposed on the company and Mr. Navin Lalchand Vaswani considering the board resolution dated 05.01.2023 passed by the company authorizing Mr. Navin Lalchand Vaswani as person in default ws. 2(60) of the Companies Act, 2013 well before convening of AGM dated 01.02.2023 for FY 2021-22. 5. Compounding Fees levied: - S. | Applicant Name Quantum of Quantum of further fine Total fine No. maximum fine | for default as per Act imposed for default as per Act 1. | Gopal Emporium Private 1,00,000/- | 1,00,000/-+5,000x 123 | 25000+123 x 500 Limited days = 7,15,000/- =86500/- 2. | Navin Lalchand Vaswani 1,00,000/- | 1,00,000/-+5,000x 123 | 25000+123 x 500 days = 7,15,000/- = 86500/- Total 2,00,000/- 14,30,000/- 1,73,000/- 6. Payment to be made within the specified period. The penalty imposed should be paid within 15 days from the date hereof i.e. on or before 04.07.2024 and to produce the copy of challan evidencing payment for the Company and other two director/officers in default separately. It may be noted that the compounding application shall stand rejected without any further notice in this regard for default in payment within the scheduled date and production of challans as well. Final order shall be issued on production of challans evidencing the payment of penalty imposed as above. W s @ . gnature of party(ies) "(fiifil’Kl’ai;) (G.C. Yadav) Present Signature of Presenting Officer Regional Director (I/C) (NWR), Ahmedabad w.ZiPage
”_*fi File No. RD (NWR)/441/37/2023/ | 184 SRN GNL-1 F65308892 Dated: 27.09.2023 BEFORE THE REGIONAL DIRECTOR (NWR), AHMEDABAD MINISTRY OF CORPORATE AFFAIRS IN THE MATTER OF :- SECTION 441 OF THE COMPANIES ACT, 2013 AND SECTION 96 OF THE COMPANIES ACT, 2013 IN THE MATTER OF :- 1. Gopal Emporium Private Limited ~ -(Applicant No. 1) 2. Navin Lalchand Vaswani -(Applicant No.2) FINAL ORDER 1. Compounding application received from: 1. Gopal Emporium Private Limited ~ -(Applicant No. 1) 2. Navin Lalchand Vaswani -(Applicant No.2) under Section 441 of the Companies Act, 2013. 2. Violation: Not holding AGM as per time prescribed under sec. 96 of the Companies Act, 2013 for the financial year 2021-22. 3. Reference of interim order: No. RD(NWR)/441/037/2023/1139 dated 20.06.2024. 4. Compounding fee levied: Sr. | Named Designation of the Provision Compounding fee No. | Applicant violated for payable by the applicant the year. (InRs.) 1. | Gopal Emporium Private Limited 2021-22 86,500/~ 2. | Navin Lalchand Vaswani 2021-22 86,500/~ Total 1,73,000/- 5. Payment of Compounding fee: Sr. | Name and Designation of the Rescint details Amount No. | Applicant s paid (In Rs.) Gopal Emporium Private Limited 2. | Navin Lalchand Vaswani X77607661 Dated 05.07.2024 1,73,000/- 6. Considering the facts and circumstances described in interim order dated 29.04.2024 and payment of compounding fee, the compounding application being SRN F65308892 (GNL-1) is hereby allowed. 7. Company is hereby directed to file this compounding order in prescribed E-form INC-28 with the jurisdictional ROC under the provisions of Section 441(3)(d) of the Companies Act, 2013. Dated this [6day of July, 2024 Q (G.C.YADAV) Regional Director NWR)(I/C) Ahmedabad To ,I./Gopal Emporium Private Limited 107-109, Gopal Tower, Rly. Station Road, Maninagar, Ahmedabad-380009 1|Page
. Navin Lalchand Vaswani A-12, Nirankar Society, Maninagar, Ahmedabad-380028. . Registrar of Companies, Ahmedabad, Gujarat . Master File . Office Copy (mfiét;m) Joint Director For Regional Director 2|Page
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