Compounding order under Section 441 of the Companies Act, 2013 for violation of Section 140 of the Companies Act, 2013 in the matter of M/s.Swarnim Eco Power Private Limited

File No. RD (NWR)/441/027/2023/ 1610 SRN GNL-1 F60525367 Dated: 17.04.2023 BEFORE THE REGIONAL DIRECTOR (NWR), AHMEDABAD MINISTRY OF CORPORATE AFFAIRS IN THE MATTER OF :- SECTION 441 OF THE COMPANIES ACT, 2013 AND SECTION 140 OF THE COMPANIES ACT, 2013 IN THE MATTER OF :- . 1. Swarnim Eco Power Private Limited -(Applicant) FINAL ORDER pare: 4 3 JUN 204

1. Compounding application received from:
2. Swarnim Eco Power Private Limited -(Applicant) under Section 441 of the Companies Act, 2013,
3. Violation: Section 140(2) for non-filing of ADT-3 (Notice of Resignation of Statutory Auditor) within the due date.
4. The captioned Compounding application has been filed u/s. 441 of the Companies Act, 2013 in e form GNL-1 vide SRN F60525367 dated 17.04.2023 by the Company instead of the Statutory Auditor who is in default for non-filing of ADT-3 (Notice of resignation of statutory auditor) within the due date. The personal hearing was fixed in the matter by the Competent Authority on 11.06.2024. However, none attended the hearing, nor any adjournment has been sought by the applicant in reference to this Directorate’s email dated 24.05.2024.
5. It is noted from the MCA e-registry that e-form bearing SRN No. F60454774 (ADT-3) has been filed on 13.04.2023 belatedly beyond the due date and further on perusal of e form GNL- 1 (Point No. 9(a)) the compounding application has been filed suo moto in respect of company and not in respect of the Statutory Auditor though the purported violation pertains to the Statutory Auditor for delayed filing of ADT-3 u/s. 140(2) of the Companies Act, 2013. Therefore, the compounding application is not maintainable and deserves to be rejected. In view of the above, the instant applicgt# ejected Dated this }5iay of June, 2024 (G. C. YADAV) Regional Director NWR)(I/C) Ahmedabad To . Swarnim Eco Power Private Limited 20-FF, Goyal Intercity, Opp. Tv Tower, Thaltej Road, Ahmedabad, Gujarat-380054
6. Registrar of Companies, Ahmedabad, Gujarat is directed to examine the matter and proceed for adjudication w/s. 454 for violation of sec. 140(2) punishable u/s. 140(3) of the Companies Act, 2013 for delayed filing and submit ATR.
7. Master File 4, Office Copy _S.IQ}"/ (ANITA KLAIR) Joint Director For Regional Director 1|Page