Company: M/s Hindustan Oil Exploration Company Limited
Order No. ROC-GJ/ADJ-Order/Section 454/Hindustan Oil/2022-23/71657071
Authority: Registrar of Companies, Gujarat
Order passed on: 31.01.2023
During the course of inquiry by Ministry, it was found that the company has failed to file e-form for appointment of Internal Auditor for FY 2016-17 to 2019-20, which is a violation of Section 138 of the Companies Act, 2013 read with sub-Rule 5 of Rule 8 of the Companies (Meetings of Board and its Power) Rules, 2014. Hence, the company, its directors, KMPs and officers in defaults of the company are liable for violation of Section 138 r/w Section 117 of the companies Act, 2013. The company and its directors/ officers in defaults are liable to penalize under section 117(2) of the Companies Act, 2013.
An Adjudication Notice was issued to company and its directors/KMPs at the relevant time of default on dated 17.10.2022 under section 454 0f the companies Act, 2013 read with companies (Adjudication of Penalties] Rules 2014. The company has filed the said resolution with Roc in the e-Form MGT-14 on 15.11.2022 after receipt of order and acknowledged the default vide its reply dated 16.11.2022.
After considering the facts and submissions made by the presenting officer and the authorized representative of the Company, the Registrar of Companies (ROC) has imposed a penalty of INR 3,95,900 on the company and its officers in default via an adjudication order dated January 31, 2023 for violation of Section 117(1) of the Companies Act, 2013.
The complete order can be downloaded from this link: https://www.mca.gov.in/bin/dms/getdocument?mds=rGPtypyliQuPdKDD6%252F7aTw%253D%253D&type=open
