in ({I{FI/Ph: 28276652
ft-w/Tax 044-28280436
%s 7qffi.
AtaCtl 115
MdtMahotsv
qRiTHIiDI{
GOVERNMENT OF INDIA
o.Rftdo.r{{zrgq
MIMSTRY OF CORPORATE AFFAIRS
*'ffi$fue, Erqtmq, dfrfrilg, GiEqnrffiqrfuq, aq{
OFFICE OF REGISTRAR OF COMPANIES, TAMIL NADU, ANDAIvIAN & MCOBAR ISI-ANDS,
CHENNAI
(sfl rifrm, + fiFr, {n6 clfda, 26, Er*gtg, {ff.qqrffiq, ffi _6
II FLOOR, C- WING, STIASTRI BHAVAN,26, HADDOWS ROAD, NT.'NGAMBAKKAM, CHENNAI- 6
F.NO.ROC/CHN/APS AGROTECIVADI/S. I 3 4/2024 DArE2
I AUG 20?4
IN THE MATTER OF IWS. APS AGROTECH UMITED
l. Appoinment of Adiudicating Officer: -
The Ministry of corporate Affairs vide its Gazette Notification No. A-42oll/ll2/2014-
Ad.II, dated 24.03.2015 has appointed Registrar of Companies, Chennai as Adjudicating
Offrcer in exercise of the powers conferred by section 454(l) of 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. Comoanv: -
whereas the company viz M/s. Aps Agrotech Limited with CIN:
U01400TN2010PLC076017 (herein after referred as 'company' or 'subject company') is a
-
registered comPany with this office under the Companies Acr, 1956 having its registered
office as Per MCA2I Registry at Kasp Towers III'rd Floor No-51 Bye Pass Road, Madurai,
Tamil Nadu, India, 625010. The financial & other details of the subject company as
available on MCA-21 portal is stated as under:
Page 1 of 5
Details
S.No. Particulars
s Status
Active
Financial Statement: uP to
1
2. Filing Position
31.03.2015
Annual Return: uP to
3. Paid uP CaPital
31.03.201s
from Operation Rs. 5,00,000/-
a. Revenue
FY 2015-1
NIL
b. Otherlncome
(As FY 2016-1
c Profit/Ioss for the Period Rs2,230,408/-
As Fv 2016-17)
11,47 '8,635.251-)
4. Whether it is a
No
5 Whether rt 1S a Su
No
5. Whether comPany registered under
Section 8 of the Act?
No
7 Whether comPany registered under
other Act?
of violation:
3. Directors during the Period
Designation Date of Date of
S.No. Name of Director
Cessation
Managing 04.06.2010
1 Mr.AoudiaPPan
Senthilvelu Director
4.
Boardb Report' etc'
Section 134. Financial Starcment'
financia] Statement, if any, sha]]
be
including conso]idated
(1) The financia] statement, the Board by the
norri of niru"*o i"io they are signed on behalf of
approved by the or by two Directors out
the ;r-prry where he is awhorised by the Boatd
chairperson of
shall be managing dir"ctol, ior,rnd
''""""'y i" Chief Executive officet' the Chief
of which one
and the comPan)'| of the comPany' wherever they are
Financial Officer
appinted,orinthecaseofoneP",,o,Co-p,ny,onlybyonedirector,forsubmissionto
iie ,udito, for his rePort thereon'
Page 2 of 6
3) There shall be attached to statemen*.tatd
before a company in generar meeilng,
by its Board of Directors, wluch shall a report
include_
(l) explanadons or conlments by the Board
on every qualifrcation, reseruadon
remark or disclaimer made_ or adverse
(i) by the auditor in his report; and
(ii) by the company secretary in practice
in his secretariar audit report;
(8) If a company is in defauh in complying
with the prouisions of this section,
the company sharl be tiabre rc
a penarty oi three rakh rupees and
the company who ts in default shai every officer of
be tiabte to a penaby of frfoi
thousand rupees.
5. Issue of Adiudication Notice:
An Inspection of Books and accounts
of the company M/s. Aps Agrotech
Limited was
carried out u/s 206(5) of the companies
Act 2013 by * officer authorized
by the central
Government wherein the observations
of the Inspecting officer are as follows:
It is observed from the Auditor's Repoft
for the Fy 2014-15 that there have
been
ceftain adverse observations made about
the amount collected under the sundry
Creditors' But the relevant Board's
report did not give explanations
or comments on every
qualification or adverse remarks
of the auditor, which is mandated
to be given as per
Section 134(3X0 of the Companies
Act, 2013.
The company colected Rs.16,50,93,155.g9/-
as a ,,sundry credito r,, forthe
year
ended 31'03'2015 from the customers.
The company has advised to either
refund the
amount or allot land to the customers
at the earliest since the new
companies Act 2013
restricts the advance from customers
more than twelve months,,. However,
the relevant
board rePort for the financial year
2014-15 has not given any explanations
or replies rather
than just a remark of acknowledge
the adverse observation. Hence, the
violation of
Section 134(3x0 of the companies
Act, 2013 by the company and its
directors rendering
them liable for penal action for the
financial years 2014_15.
Page 3 of 6
AfterthattheAdjudicatingAuthoriryhadissuedAdjudicationNoticetothecomPany
dated 05'04'2021'
No. Roc/chn/ T6olTlz6llnspn/2020
vide Notice
and its directors
6.
its directors
from the comPany and
No reply has been received
ffireceivedfromthecomPanyanditsdirectorsfortheAdjudication
hearing o4,6,o24by
fixing the
Notice of
the Adiudicating Authoriry had issued
notice, Directors have
of the company or
None of the representative
hearing date on 12.06.2024.
appearedonthesaiddate.Subsequently,afinalhearingnodcedated24.O6.2O24had
at 11:20 AM'
by fixing the hearing on 09'07'2024
issued
NoneoftherePresentativeoftheCompanyorDirectorshaveappearedonthedateso
to the notice issued
by
to reply
company and its directors have failed
fixed. Fufther, the
theAdjudicatingAuthoriry.HenceasPerRule3(8)ofCompanies(Adiudicationof persons
proceeded with in the absence of such
is being
penarties) Rules z*r.,the matter
(ex-parte)' e - ^:_r -+arampnrs and Annual Return from FY
to file frnancial statemenm al
failed
Since the company not extended to this
the benefits of small comPany are
2015-16 onwards
to till date,
the penalty
company while adiudicating
8. Decision
Havingconsideredthefactsandcircum$ancesofthecaseandaftertakingintoaccount 2014-15 has
the board reporr for the financial year
is concruded that,
the factors above, it
notgivenanyexplanationsorrepliesratherthaniustaremarkofacknowledgeonthe
as requiredunder
auditor inhis report forthe Fy 2014-15
madebythe
adverse observadon and its officers in
the company
of the Companies Act,2013. Therefore,
Section 134(3X0 Act'
under section 134(g) of the companies
penalty as prescribed
default are liabre for
2013.
Page 4 of 5
Accordingly, I am inclined to impose a penalty as prescribed under Sub-section 8 of
Section 134 of the Companies Act, 2013. The details of the penalty imposed on the
company and officers in default are shown in the table below:
S.No Company and Penalty for Maximum Final Penalty
Officers in default default (Rs.) Penalty (Rs.) Imposed (Rs.)
I IWs. Aps Agrotech Rs.3,00,000/ Rs.3,00,000/- Rs.3,00,000/
Limited
2 Mr.Aoudiappan Rs.50,000/- Rs.50,000/- Rs.50,000/-
Senthilvelu
Therefore, in view of the above said violation, in exercise of the powers vested to the
undersigned under Section 454(l) & (3) of the Companies Act, 2013 a penalty of
Rs.3,00,000/- (Rupees Three lakhs) is imposed on the Company and Rs.50,000/- (Rupees
Fifty Thousand) is imposed on Officers in default for a financial year as menrioned above.
Totally Rs. 3,50,000/- (Rupees Three lakhs fiffy thousand) as penalty amou.nt for violation
of Section 134(3X0 of the Companies Act, 2013.
9. The said amount of penalty shall be paid through online by using the website
www.mca.gov.in(Misc. head) within 90 days of receipt of this order and intimate this
office with proof of penalty paid.
10. Whereas Appeal against this order may be filed with the Regional Director (SR),
Ministry of Corporate Affairs, 5th Floor, Shastri Bhavan, 26 Haddows Road, Chennai-
600006, Tamil Nadu within a period o1'sixry days from the date of receipt of this order,
in Form AD] [available on Ministry website www.mca.gov.in] setting forth the grounds
of appeal and shall be accompanied by a certified copy of this order. [Section 454(5) &
454(6) of the Act read with Companies (Adjudicating of Penalties) Rules, 2}l4}
Page 5 of 6
454(8) of the Act in the event of
non-compliance
11. Your attention is also invited to section
sub-
'(8)(i) Where comyny fails to comply with the order made under
of this order,
of ninety days from the
(3) or sub-section (7), as the case may be within a period
secdon
punishable with fine
date of the receipt of the copy
of the order, the company shall be
extend to five
five thousand rupees bat which may
which shall not be less than twenty
lakh ruPees.
(ii)Whereanofficerofacompanyoranyotherpersonwhoisindefau]tfailstocomply
be within a
under sub-section (3) or sub-section (7)' as the case may
with the order made
peiodofninetydaysfromthedateofthereceiptofthecopyoftheorder,suchoffrcer
sha]]bepunishablewithimprisonmentwhichmaya{tendtosixmonthsorwithfrne
extend rc one
thousand rupees but which may
which shall not be less than twenty-Iive
lakh ruPees, or with both'" H(*'4'
(B. SRIKUMAR,ICIS)
REGISTRAR OF COMPANIES
TAMILNADU, CHENNAI.
nffid ADIUDICATING OFFICER
i /
To,
{t
I
I
tl Ns ut t
Wf\
/9
!!llrr
134120242024
1. F.NO
M/s. APS A LIMITED
CIN: UOT4OOTN2O ricjpt cozootz
NO-51 BYE PASS ROAD'
KASP TOWERS III' rd FLOOR
Madurai, Tamil Nadu, India' 625010'
13 4/20242024
2. F.NO.ROC/CHN/APS AGROTECIVADJ/S'
Managing Director
MT.AOUDIAPPAN SENTHILVELU -
PONNAGARAM MADURAL 625016'
NO: 53, WEB CHRUCH ROAD
Tamil Nadu,India
Copy To
1. The Regional Director (SR)
Chennai ...... for information
Page 5 of 6
