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GOVERNMENT OF INDIA
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MIMSTRY OF CORPORATE AFFAIRS
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OFF'ICE OF REGISTRAR OF COMPANIES, TAMIL NADU, ANDAMAN & NICOBAR JSI.ANDS, CHENNAI
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F.NO.ROC/CHN/SUCHINDRUM /ADl /5.12/2024 DArE:1
4 l/cT 2024
ADruDICATION ORDER UNDER SECT ION 12 OF THE COMPANIES ACT, 2013
INTHE MA TTER OF M/S SUChINDRUM KALI NIDHI LIMITED
1. Appointment of Adjudicating Officer:-
Ministry of Corporate Affairs vide its Gazette Notification No. A-42011l112/2014-Ad.lI,
dated 24.03.2015 has appointed Registra l of Companies, Chennai as Adjudicating Officer
in exercise of the powers conferred by section a54Q) ol the Companies Act, 2013
(hereinafter referred as Act or Companies Act,2013) r/w Companies (Adjudication of
Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
2. Company: -
Whereas the company viz M/s. Suchindrum Kali Nidhi Limited with CIN
U6710OTN2O11P LCO7g75g (herein after referred as 'company' or 'subject company') is a
registered company with this office under the Companies Act, 2013 having its registered
office as per MCA21 Registry at 12/1408, Kavimani Nagar, First Street, Kanyakumari,
Suchindrum, Tamil Nadu 629704. The financial & other details ofthe subject company as
available on MCA-21 portal is stated as under:
Page 1 of 8
Details
S.No. Particulars
Status
Active
1 Com s
Financial Statement: uP to
2. Filing Position
31.03.2023
Annual Return: uP to
31.03.2023
Rs.2, 0s,38,650/-
3 Paid u Ca itai
Rs.75,063,757/-
a. Revenue from O ratron
b. Other Income NIL
Rs.160,421l-
C Profit/Loss for the P eriod
Com No
4 wh ether it is a Holdin
Com No
5 wh ether it is a Subsid
No
6 Whether comPany regtstere d under
Secti on 8 of the Act?
7. Whether comPany regster ed under No
other iai Act?
of violation:
3 Directors/KMPs during the period
Name of Director Designation Date of Date of
S.No.
Default
t Cessadon
21.03.20i
1. Ms. Bhagavathi Managing 1
Ammal Director
Chenba
Whole- 30.10.2017 14.08.2021
2 Ms. UmaYammai
Ramamoorthi time
Director
as es 13
4. n
Section 12. Registered Office of Company:
its incorporationJ and at all times thereafter'
(1) A company shall, within thirty days of
all communications and
have a registered om""
"p'ii" '|*''lid'g 'na '"i'owledging
notices as maY be addressed to it'
verification of its registered office within
(2) The company shall furnish to the Registrar
prescibed'
a period of thirty days ofits
incorporatiin in such manner as may be
Page 2 of 8
(3) Every company shall-
(a)paint or affix its name, and the address of its registered office, and keep the same
painted or aflLved, on the outside of every office or place in which its business is carried
on, in a conspicuous position, in legtble letters, and if the characters employed therefor
are not those of the language or of one of the languages in general use in that locality,
also in the characters of that language or of one of those
(b) have its name engraved in legible characters on its seal, if any;
(c) get its name, address ofits registered office and the Corporate ldentity Number along
with telephone number, fax number, if any, e-mail and website addresses, if any, printed
in all its business letters, billheads, letter papers and in all its notices and other official
publications; and
(d) have its name printed on hundies, promissory notes, bills of exchange and such
other documents as may be prescribed:
Prouided that where a company has chansJed its name or names during the last two years,
it shall paint or affix or print, as the case may be, along with its name, the former name
or names so changed during the last two years as required under clauses (a) and (c):
Prouided further that the words "One Person Company" shall be mentioned in brackets
below the name ofsuch company, wherever its name is printed, affixed or engraved.
(8) If any default is made in complying with the requirements of this section,
the company and every officer who is in default shall be liable to a penalty of one
thousand ntpees for every day during which the default continues but not exceeding one
lakh rupees.
5. Issue of Adjudication Notice:
An Inspection of Books and Accounts of the company M/s. Suchindrum Kali Nidhi
Limited was conducted by an Officer authorized by the Central Government wherein the
observations of the Inspecting Officer are as follows:
The Company has painted and affixed its name along but failed to mention address of
the registered office in which its business is carried on in the language in general use in
that locality and also failed to mention the Corporate Identification Number (CIN) printed
in all its business letters , biil heads, all its notices and other documents thereby violated
the provisions of Section 12(3)(a) to (c) ofthe Companies Act,2013.
Page 3 of8
Director' Ministry
on submission of the Inspection report' the Regional
Accordingly,
defaulters for violation
Affairs directed to take necessary action against the
of Corporate
Act'2013
of provisions ofthe Companies
Authoriry had issued nodce No'
After that the Adjudicating
dt 75.07.2022 to the company and its
I'tocl Chnl79759 lS'12lP 28/Inspn'foiiow upl2021
directors
Co for tl N
6
that the comPany
Director ofthe company vide letter dated 25 04'2023 sub mitted
The
before completion of the
with the observation of the Inspecting Officer' however
agrees
of the registered
the name board with name' address
Inspection, the company placed
as well as in English with
Corporate Identification
office both in Tamil (local language)
Identification
the name and address with Corporate
Number. Further' printed the name
with external
displayed in all Ietter heads' bills and other communicadons
Number
seal is very available' and it
was used by the
parties. During the InsPecdon' common
common seal is
certificates and other documents whete
company while issuing the share
Pillai who was
seal was in the custody of K'Perumal
required to be affixed' The common
team' The
with Covid-l9 and he could not attend to the Inspecting
severely infected
it
in which the default brought to the notice of the company' rectified
moment
immediatelY.
7. AdiudicationHearing:
Authority had issued notice No
The Adjudicating
024 dt}2'052024 by fixing the
hearing on 08'05'2024 at
RO/CHN/SYCHINDRUM/ADJ/2
Mr' S' Raiagopalan' Chartered
12:30 PM. Pursuant to the nodce dt 02'05 '2024'
the
Authority and made submissions that
Accountant appeared before the Adjudicating
violation maY be adjudicated'
Page 4 of 8
8. Analvsis of Nor- com oliance of the Companie s Act. 2013
It is noticed that the director of the company admitted that there is a violation of
Section 12(3) of the Companies during the period of Inspection. However, the company
submitted that they rectified the default befbre completion of the Inspection, by placing
the name board with name, address of the registered office both in Tamil (local language)
as well as in English with CIN. Further, printed the name the name and address with CIN
displayed in all letter heads, bills and other communications with external parties.
Funher, it is noticed the company has filed e-form INC-22A(ACTIVE) vide SRN:
H47105408 dt 13.03.2019 prior to inspection. But wherein the attached photograph of
the name board of the company showiiig only the name of the company in Tamii
language. The company has not filed e-foirn INC-22A after the Inspection. Hence, there
is violation of Section 12(3) of the Companies Act,2013. The company and its directors
are liable for penalty U/s. 12(8) of the Companies Act,2013.
The Ministry of Corporate Afhirs vide notification no. G.S.R.630 (E) dated 09.10.2024
stated that in the Companies (Adjudication of Penalties) Rules,2014, in sub-rule (1) of
rule 3A, the following proviso shall be inserted, namely: -
"Provided that the proceedings pending before the Adiudicating Officer or Regional
Director on the date ofsuch commencement shall continue as per provisions ofthese rules
existing prior to such commencement".
Here, the adjudication proceedings have initiated prior to 16th day of September 2024,
effective date of the Companies (Adjudication of Penalties) Amendment Rules, 2014.
9. Decision
Having considered the facts and circumstances ofthe case and after taking into account
the factors above, it is concluded that the company has violated Section 12 of the
Companies Act, 2013, therefore the company and Officers in default are liable for
penalty as prescribed under Section 12(8) ofthe Companies Act,2013.
Page 5 of 8
under Sub-section 9 of
Accordingly, am inclined to impose a penalty as prescribed
I
The details of the penalry imposed on the
Section 12 of the Companies Act, 2013'
in the table below:
company and officers in default are shown
of CompanY/ Penalry
|rfeme for Maxim Limit Final PenalrY ]
I
person on whom default (tu) for penalty (Rs) imposed I
penalry imPosed
Rs.1,00,000/- Rs.1,00,0001
M/s. Suchindrum Rs.1000/- Per
I
Kali Nidhi Limited da
Rs.1,00,000/- Rs.1,00,000/-
Smt. Bhagavathi Rs.1000/- Per
Ammal Chenba da
per Rs.1,00,000/- Rs.1,00,000/-
Ms. UmaYammal Rs.1000/-
Ramamoorthi dry
in exercise of the powers vested to the
Therefore, in view of the above said violation'
undersigned under Section 454(1) &
(3) of the Companies Act' 20i3 a penalty of
on the Company and Rs'1'00'000/- (Rupees
Rs.1,00,000/-(Rupees One lakh) is imposed
Totally Rs' 3'00'000/- (Rupees Three
One lakhs) is imposed on each Officers in default'
of Section 12 of the Companies Act'
lakhs) is imposed as penalty amount for violation
2013.
l0.Thesaidamountofpenaityshallbepaidthroughonlinebyusingthewebsite
of receipt of this order' and intimate this
www.mca.gov.in(Misc' head) within 90 days
office with Proof of PenalrY Paid'
with the Regional Director (SR)'
ll. Whereas Appeal against this order may be filed
Bhavan' 26 Haddows Road' Chennai-
Ministry of Corporate Affairs, 5th Floor' Shastri
of receipt ofthis order'
600006, Tamil Nadu within a period of sixry days ftomthe date
setting forth the grounds
in Form ADJ [available on Ministry website www'mca'gov'in]
Page 6 of 8
of appeal and shall be accompanied bi. a certified copy of this order. [Section 454(5) &
454(6) ofthe Act read with Companies (Adjudicating of Penalties) Rules, 20141.
12. Your attention is also invited to section 454(8) ofthe Act in the event of non-compliance
of this order, "(8)(i) Where companl.' fails to comply with the order made under sub-
section (3) or sub-section (7), as the case may be within a period ofninety days from the
date of the receipt ofthe copy of the order, the company shall be punishable with fine
which shall not be less than twenty l;te thousand rupees but which may extend to frve
lakh rupees.
(ii) Where an officer of a company or any other person who is in default fails to comply
with the order made under sub-section (3) or sub-section (7), as the case may be within a
period ofninety days from the date of the receipt ofthe copy ofthe order, such officer
shall be punishable with imprisonment which may extend to six months or with frne
which shall not be less than twenty-five thousand rupees but which may extend to one
Iakh rupees, or with both."
' )'Ar*'l
(B. SRIKUMAR, ICLS)
affigs REGISTRAR OF COMPANIES
ifta t UE STAT TAMIINADU, CHENNAI.
. 1q0t1fi I
ADJUDICATING OI'FICER
#11 No. -
$eq
Page 7 of 8
To,
-
i. r.*o.*o.lcHN/sucHINDRUM I ADlls,22024
M/s. Suchindrum Kali Nidhi Limited
cIN U67 1 00TN2 01 1PLC07 97 59
Kanyakumari'
l2/l4lB,Kavimani Nagar' First Street'
Suchindrum, Tamil Nadu 629704'
ADI/s'r2/2024
2. F.NO.ROC/CHN/SUCHINDRUM I
Managing Director
Ms. Bhagavathy Ammanl Chenbagam'
nagar First Street
121127, iali Nivas, Kavimani
Kanyakumari District
Suchindrum, Agasteeswaram'
Tamil Nadu 629704
3. F.NO.ROC/CHN/SUCHINDRIIM l'l\DyS'1A2024
Ms. UmaYammal Ramamoorthi 9504
N a&t 67
4/2, Kezhatheru,Theroor, Kanniyakumari'Theroor'Tamil
Copy To
1. The Regional Director (SR)
. .. . .. for information
Chennai
of Corpcrate Affairs, New Delhi
2. The E-Governance Cell, Ministry
Page 8 of 8
