IN FORCE MCA Regional Director 2026-01-06

Compounding order under Section 441 of the Companies Act, 2013 for violation of Section 383A/203 of the Companies Act, 2013 in the matter of M/s.Himalayan Heli Services Limited

Document text

BEFORE THE REGIONAL DIRECTOR (NORTHERN REGION) — {}6 JAN “28 CompanyIn Applicationthe matter of No.the RDNR/HHSL/COMP?/441/2025/AB9558530 Companies Act, 2013 - Section 441 (he Qe/ CSS And In the Matter of HIMALAYAN HELI SERVICES LIMITED having Registered office at 104, First Floor, M G Bhawan-1,7, Local Shopping Centre, Madangir, New Delhi-110062.

In the matter of: |, Himalayan Heli Services Limited.

Mr. Harsh Vardhan Sharma, (Director) 3. Mr. Tsering Wangchuk Shamshu. (Director)

==> picture [70 x 18] intentionally omitted <==

----- Start of picture text ----- ---Applicant(s) ----- End of picture text -----

Present: Ms. Sheetal Sharma, Ld. PCS. ....For Applicant(s) Ms. Aruna M, Assistant Director, ...-Presenting Officer

Date of Hearing: 10.09.2025

INTERIM ORDER

An application under section 621A/441 of the Companies Act, 1956/2013, for compounding of default committed u/s 383A/203 of the Companies Act, 1956/2013 was filed by the aforesaid Applicants vide Form GNL-2/GNL-1 through SRN AB2571236/AB9558530.
Facts presented by the Presenting Officer: Factors to be

(i) The gravity of | As per the Application, the Applicant Company failed to appoint the Whole offence: time Company Secretary, which resulted in the default u/s 383A of the Companies Act, 1956 r/w the Companies (Appointment & Qualification of Secretary) Rules, 1988 and Section 203 of the Companies Act, 2013 r/w Rule 8A of the Companies (Appointment and remuneration of Managerial Personnel), Rules 2014 as below: No. Event sectionDefault under | Default period Ls Increase in | 383A of the | 814 days paid-up share |Companies Act, 1956 | (from 22.12.2006 to capital of the | r/w Companies | 15.03.2009 i.e. till the date Applicant (Appointment & | of Companies Company to | qualification of | (Appointment & Rs, Secretary) Rules, | Qualification of 2,00,00,000/- | 1988 Secretary) Amendment on Rules, 2009 came into 22.12.2006 effect Increase in | 383A of the | 477 days paid-up share | Companies Act, 1956 (from 10.12.2012 to capital of the | r/w Companies | 31.03.2014) Applicant Appointment & oO oe hs Page 1 of 6 ye

==> picture [110 x 93] intentionally omitted <==

----- Start of picture text ----- oO oe hs Es GES %2) wes fue 2a) * oe wera re & iro Oe) NP A Bs ne ----- End of picture text -----

==> picture [458 x 691] intentionally omitted <==

----- Start of picture text ----- Company to | qualification of Rs. 5,00, Secretary) Rules, 00,000/- on | 1988 10.12.2012 3. | Paid-up Section 203 of the | 1606 days share capital |Companies Act, 2013 | (From 09.06.2014 to is Rs. | r/w Rule 8A of the | 01.11.2018 ic. from the 5,00,00,000/- |Companies date Rule 8A of the (Appointment — and Companies (Appointment remuneration of |and remuneration of Managerial Managerial Personnel), Personnel), Rules |Rules 2014 came into 2014 effect till the provisions of Section 203(5) of the Companies Act, 2013 was decriminalized vide the Companies(Amendment) Act, 2019 w.e.f. 02.11.2018 (ii) |The act is Unintentional. intentional or unintentional: The maximum | Section 383A(1A) of The Companies Act, 2013: punishment (1A) Ifa companyfails to comply with the provisions ofsub-section (1), the prescribed for | company and every officer of the company who is in default, shall be such offences, | punishable with fine which may extend to [five hundred] rupees for every such as fine or | day during which the default continues : imprisonment or both fine | Section 203(5)of the Companies Act, 2013: and “(5) Ifa company contravenes the provisions of this section, the company imprisonment: | shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every director and key managerial personnel ofthe company who is in default shall be punishable with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues.” Fine Reported by the ROC report: A. Default 1: For the default period from 22.12.2006 to 05.01.2009 [under section 383A(1A) of the Companies Act, 1956 PetitionerS|Maximum Fine* __ *Pine Rs. 500/- x 746 days = Rs. 3,73,000/- a Page 2 of6 Se ----- End of picture text -----

B. Default 2: For the default period from 10.12.2012 to 31.03.2014 [under section 383A(1A) of theCompanies Act, 1956 Petitioner Maximum Fine (in Rs.

*Fine Rs. 500/- x 477 days = Rs. 2,38,000/-

==> picture [345 x 116] intentionally omitted <==

----- Start of picture text ----- C. Default 3: For the default period from 01.04.2014 to 02.11.2018 [under section 203(5) of the Companies Act, 2013.] (Delay of 1907 days) For Company: Petitioner Minimum Fine | [Maximum] Fine Himalayan in Rs. in Rs, ime” Helit S ervices [ 1 , 0 0,0n0 00 / - s00ga5,00,00 0 /- For Applicants: ----- End of picture text -----

19,07,000/-

(iv) *Fine Rs. 1000/- x 1907 days = Rs. 19,07,000/| The report of | Received on 08.05.2025.
‘will Companies:Registrar of (v) The period of | 1. From 22.12.2006 to 15.03.2009 (814 days) Default under section 383A of default: the Companies Act, 1956. 2. from 10.12.2012 to 31.03.2014 (477 days) Default under section 383A of the Companies Act, 1956. 3. from 09.06.2014 to 01.11.2018 (1606 days) default under section 203 the Companies Act, 2013.
(vi) | Whether Whether Suo-Moto application application filed by the Applicants. by the Applicants. the Applicants. Applicants.

(vi) | Whether Whether Suo-Moto application application filed by the Applicants. by the Applicants. the Applicants. Applicants. petition for compounding is suo-moto before or after notice from the Registrar of Companies or after imposition of the punishment or during the pendency of a proceeding: (vii) | Whether The Board of Directors of the Applicant Company convened the Board defaulter has |Meeting on 21.06.2019 and appointed Ms. Shruti as whole-time company secretary on Board effective from 21.06.2019. E-form DIR-12 along with Poe eae we Pak wienEN Page 3 of 6 Vo

==> picture [91 x 26] intentionally omitted <==

----- Start of picture text ----- S84 N SS ----- End of picture text -----

==> picture [467 x 646] intentionally omitted <==

----- Start of picture text ----- the default: 12.07.2019. me appointment letter has been filed with vide SRN H77232494 dated (viii) | Financial As per the financial statements attached with the BO Portal, profits for the Condition of | year ended 31.03.2024 and 31.03.2025 respectively is Rs. 6,75, 12,000/- the Company | and Rs. 3,74,36,000/- respectively. and other defaulter: (ix) | Similar No. compounded in last three ears: Pee (x) The act of | No. defaulters is prejudicial to the interest of the member(s) or company or public interest or not: (xii) | Share value of Unlisted Company. the company, (xiii) | ete:Any other | Fine calculation by the ROC as mentioned in the point (iii)(A) & (C) above factor relevant | ought to have been as below: to the case : A. Default 1: For the default period of 814 days from 22.12.2006 to 15.03.2009 [under section 383A(IA) of the Com panies Act, 1956] Fine Rs. 500/- x 814 days = Rs. 4,07,000/- C. Default 3: For the default period from 09.06.2014 to 01.11.2018 [under section 203(5) of the Companies Act, 2013.] (Delay of 1606 days) For Company: aServices Limited. For Applicants: Rs.) *Fine Rs. 1000/- x 1606 days = Rs. 16,06,000/- ----- End of picture text -----

==> picture [46 x 31] intentionally omitted <==

----- Start of picture text ----- Page 4 of 6 ----- End of picture text -----

==> picture [33 x 31] intentionally omitted <==

----- Start of picture text ----- ~~ ----- End of picture text -----

Further, the applicants have filed e-from GNL-1 during the course of hearing, therefore, the procedural irregularity stands cured.

Compounding Fee levied for the default committed under Section 383A/203(5) of the Companies Act, 1956/2013 is as follows:

A. Default for the period from 22.12.2006 till 15.03.2009 under section 383A(1A) of the Companies Act, 1956 (Delay of 814 days).

==> picture [368 x 98] intentionally omitted <==

----- Start of picture text -----

|||||||
|---|---|---|---|---|---|
|S. No.|Applicant Name|Compounding|fee payable|
|by the applicant|(in|INR)|
|a|Himalayan Heli|Services|Limited.|Rs.|1,20,000/-|
|Mr.|Harsh|Vardhan|Sharma.|Rs.|60,000/-|
|Mr.|Tsering|Wangchuk Shamshu.|Rs.|60,000/-|

----- End of picture text -----

B. Default for the period from 10.12.2012 till 31.03.2014 under section 383A(1A) of the Companies Act, 1956 (Delay of 477 days).

==> picture [367 x 98] intentionally omitted <==

----- Start of picture text -----

||||||||
|---|---|---|---|---|---|---|
|S. No.|Applicant Name|Compounding|fee payable|
|by|the applicant|(in|INR)|
|se|||Himalayan|Heli|Services Limited.|Rs.|1,00,000/-|
|Mr.|Harsh Vardhan|Sharma.|Rs.|50,000/-|
|Mr.|Tsering|Wangchuk|Shamshu.|Rs.|50,000/-|

----- End of picture text -----

C. Default for the period from 09.06.2014 till 01.11.2018 under section 203(5) of the Companies Act, 2013 (Delay of 1606 Days)

==> picture [367 x 96] intentionally omitted <==

----- Start of picture text -----

|||||||
|---|---|---|---|---|---|
|S. No.|Applicant Name|Compounding|fee payable|
|by the|applicant|(in|INR)|
|lz|Himalayan|Heli|Services Limited.|Rs. 3,00,000/-|
|Mr.|Tsering|Wangchuk|Shamshu.|Rs.|2,00,000/-|

----- End of picture text -----

Payment to be made within 15 days.
Any other details: Nothing as such. Signed on the __ day of December 2025 at New Delhi.

06 JAN cas

(VINOD SHARMA) REGIONAL DIRECTOR (NR)

Dated (1 JAN 2oce Entd. RDNR/HHSL/COMP/441/2025/ ABSSBSSY 237 )[Rese] eS. REG:oye ~*~ Page 5 of 6 ; BO, Kee ZO. ‘gart SB Te Se ~~

|. Himalayan Heli Services Limited. 104, First Floor, M G Bhawan-1, 7, Local Shopping Centre, Madangir, New Delhi-110062.

==> picture [442 x 338] intentionally omitted <==

----- Start of picture text ----- 2. Mr. Harsh Vardhan Sharma. C-1/45, First Floor, Sector-36, Gautam Buddha Nagar, Noida, U.P.-201301. s&' wr 3. Mr. Tsering Wangchuk Shamshu. Q C-3/150, Sector — 36, Gautam Buddha Nagar, Noida, &x U.P.-201301. « 4. Registrar of Companies, NCT of Delhi and Haryana. a “ > » g Q ai sv Wes aw NS) ----- End of picture text -----

Page 6 of 6

Verbatim extracted text (OCR/PDF). Older scans and tables may show extraction artifacts — verify against the original for anything you act on.

Analysis

No analysis has been generated for this document yet.