BEFORE THE ADJUDICATING OFFICERREGISTMR OF COMPANIES, GUIAMT, DADM & NAGAR HAVELI

No. ROC-Gf/ADI. ORDER/ FCs Machinery/ Se ,.tZ1Z11r111,x]ii Dated:

I t) 1 i 1 lt

ORDER FOR pENALry uNJllSECTTON 454 OF THE COMPANTES ACT, 2013 READWITH COMPANIES IADIUDICTION OF PCr,,E'.,',Eii RULES, 2014 ANd COMPANIES(ADIUDICATIoN oF PENALursl ervrervniliii""riuLrs, zots FoR DEFAULT oFsECrtoN 12(3)(c) oF rHE corurpa-rvrrs air,-t0i; ^'

IN THE MATTER oF M/s. FCs MACHINERY (INDIA) PRIVATE LIMITED(u2 e300clz 01 gFT CtOs 47 s)

PRESENT:

1. Shri M. K. Sahu (ROC), Adjudicating Officer

2. Mrs. Trupti Sharma (DR0C), presenring Officer3. Shri V. S. Tiwari (STA)

company/ officers/Directors/KMp/Authorised Representative:

Ll#|,l,liSlrndorwata, company Secrerary in pracice appeared without proper

Appointment of Adiudication Authoritv:-l The Ministry of corporate Affairs vide its Gazette Notification No. A-

4201'1/1L2/2014-Ad., dated 24.03.2015 has appointed the undersigned asAdjudicating 0fficer in exercise of the powers conferred under section 454 of thecompanies Act, 2013 [hereinafter known as Act) read with companies fAdjudicationof penartiesJ Rures, 2014 (Notificarion No. GSR 254[EJ dated 31.03.2014J foradjudging penalties under the provisions ofAct.

Comnany;

2' M/s. FCS MACHINERY 0NDIA) PRIVATE LIMITED (herein after referred ro as,,thecompany") is a company registered under the provisions ofthe companies Act, 2013in the srate of Gujarat, having "crN - uzg3oocrzorgFTc1,Og47g" and presentlyhaving its registered office situated at BLDG c BLOCK N0.218 xceron IndustrialEstate, Nr Intas pharmaceuticar vill chancharvad I Vasna, Ahmedabad, Ahmedabad,Gujarat-382213, India

Fact about ofthe case:

3' The Inquiry of M/s' FCS Machinery (rndia) private Limited ordered by Ministry ofcorporate Affairs in the Financial year z}2r-2}.During the Inquiry of Documents/e-forms filed by the company under the MCA-Z1 portal, it is observed from the letterdated Nil signed by one of the Director Mr. Ting Liang cheng attached with the e-

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Form rNC-22 vide sRN R19061613 dated 2g.1,r.2019 fired under the McA21 portarthat the company has no

Head as req ui red,,, ". :;l::T::::::H:T;:l f :1 T:.::'#Il.:::

20 I 3, which is a violat.

Companies Act,2013. :lon attracted penal provisions of Section 12(B) of the

*HEREAS, the Ministry of corporate Affairs vide its Gaze*e notification No. So 831[E) dated 24'03'20L5 appointed the Registrar of companies/ undersigned asAdjudicating officer in exercise of the power conferred by Section 454 0f thecompanies Act 2013 read with companies fAdjudication of penartiesJ Rures, 2014.The Registrar of companies vide the companies (Amendment) Act,2oLgis entrustedwith power to adjudicate penalty as provided under Section 72(B) ofthe Act witheffect 02.11,2018.

Sections 12(3)(cJ and 12(B) ofthe Actare reproduced as under:_

Section 12(3r[c)- get its name, address of its registered office and the corporateIdentity Number along with telephone number, fax number, if any, e-mail andwebsite addresses, if any, printed in all its business retters, billheads, retter papersand in all its notices and other official publications; and.

Section 12(B)- If any defaurt is made in complying with the requirements of thissection' the company and every officer who is in default sha, be liable to a penarty ofone thousand rupees for every day during which the defaurt continues but notexceeding one lakh rupees.

AN AdJUdiCAtiON NO CC VidE NO. ROC-GJ/AD J.BS/STA(\/U/S 454IFCS MACHINERY/srA(V) /202r-22/ 707g to 7022 dated 03.02.20 22 haveissued to the company andits officers in defaurt for violation ofsection Lz(3)(c)of the companies act, 2013 readwith rule BA of the companies [appointment & remuneration of managerialpersonnel) amendment rules, 2014. The company vide letter dated, ,B.02.ZO2Z hassubmitted its reply in response to aforesaid Notice.

Thereafter, a .,writren Notice,, vide No. R0C_GJIADJ_85/STA(Vllu /s a5a/FCSMachinery /202r-22 / 7796 to 77gg dated 74.03.2022 were issued to the companyand its officers in defaurt as per Rure 3 0f companies (Adjudication of penartieslRules 2014 and a hearingwas fixed for 3O.O3.Z0ZZ.

0n the scheduled date of hearing i.e. on 30.03.20 22, Mr. Murtuza Mandorwara, pCShas submitted reply dated Z}.O3.2OZ2 "f .r;;; however, Mr. MurtuzaMandorwala, pCS has failed to produce p.opu. ,riionzation for appearing in thematter. Hence as per Rule 3 of the Companies fAdjudication of n.rrf,i"i nui",2014' the mafter is being proceeded with in the absence of any Authorised

5.

7.

o.

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representative/persons of the company. Howevercognizance to aJyudicate the mafter. r' reply of the company has

The company replied in this letter dated 29.03.2022office of the company ir is compulsory to attach , ,r,,,:l'i,;; :J;;:ff:i::,.:::Xthe registered office (RO). However,, at the time of filirR0, the company had applied for the electric,rr.rj:"T::-# il:J:*r:rTutility bill of the address v

Fo rm, rh e co mpa ny r,, ;il:: T:::: "::;n:.Hffi: T; ;: ::H1:signed for authenticating the same to be true. Consideclarification retter no lerterhead was used, rr seems ,";'J"t[:::::"rr"#:::1;advise and misinterpretation.

The Presenting officer has submitted that as the retter dated Nir signed by one oftheDirector Mr' Ting Liang cheng under the Stamp of company, attached with the e-Form INC-22 vide SRN R19061613 dated 29.17.20.19 fired under rhe MCAZ1 porraladdressed to Registrar of companies, Gujarat, Dadra and Nagar Haveli in which crNand registered office address missing on letter head as per the requirement ofSection 12(3)[cJ of the companies Act, 2013, which is a violation attracted penarprovisions of section 12(B) of the companies Act, 2013. Hence, rhis is a fir case ofimposing penarty against the company and its directors/officers as ignorance of thelaw is no excuse.

10.

Under the above circumstances, the undersigned has reasonable cause to believe that thecompany and its officers have viorated the provisions ofsection 12 (3r (c) ofthe companiesAct' 20L3' In view the facts narrated above, the company and its directors /officers, indefault are liable for penalty as per Section 12IBJ ofthe Act.

ORDER:

The Presenting Officer submitted that whilesection 12(8) of the Act, the Adjudicatingfollowing factors, namely;

a' The amount of disproportionate gain or unfair advantage, wheneverquantifiable, made as a result of default.

b' The amount of ross caused to an investor or group of investors as a result ofthe default.

c. The repetitive nature of default.

2. The Presenting 0fficer submitted that with regard to the above factors to beconsidered while determining the quantum of penalty, it is noted that thedisproportionate gain or unfair advantage made by the noticee or loss caused to theinvestor as a result of the delay on the part of the notice to redress the investor

adjudging quantum of penalty under

Officer shall have due regard to the

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grievance are not avairabre on the record. Further, it may arso be added that it isdifficult to quantifu the unfair advantage made by the noticee or the ross caused tothe investors in a default of this nature.

3' The Presenting officer submitted that it is observed from the Master data that thepaid-up capital of the Company is Rs. 87,500,000. As per the last O;r;r;; ,.".201,9-20 the turnover of the Company is Rs. 11,734,000/. Hence, it is appears thatthe company does come under the ambit of a .,small

Company',, Therefore, theprovisions of imposing lesser penarty as per the provisions of section 4468 of theCompanies Act, 2013 shall apply to the company.

4' Having considered the facts and circumstances ofthe case and submissions made byPresenting .fficer circumstances of the case and reply made by the company andafter taking into accounts the facts & factors above, I hereby imposed a penarry oncompany and its directors as per tabre berow for violation of section r.2[2)[cJ of theCompanies Act, 20i.3. I am of the opinion that penalty i. .orr.nrrr.,. ,i,f, ,nuaforesaid failure committed by the Noticees:

(Defaurt counted from the Ietter dated Nil attached with INC-22 vide dated 29.1.1,.20L9the date of hearing i.e.30.03.2022)

5' The noticee shalr pay the amount of penalty individualry for the company and itsdirectors (out of own pocketJ by way of e-payment (availabre on Ministry websitewww'mca'gov.inJ under "pay miscellaneous fees" category in MCA fee and paymentServices within 90 (ninetyJ days of this order and the challan/SRN generated afterpayment of penalty filed in INC_2g under the MCA,s website..

6' Appeal if any against this order may be fired in writing with the Regional Direcror,North Western Region, Ministry of Corporate Affairs, ROC BHAVAN, Opp. RUPALPARK, NR. ANKUR BUS STAND, NAMNAPUM, AHMEDABAD (GUJAMT)-380013within a period of sixry days from the date of receipt of this order, in Form ADJsetting forth the grounds ofappeal and shail be accompanied by the certified copy of

No. ofdays ofd efault

Penalty imposed on Amount of Penalty

B5 2X1000/-=8,52,000 1,00,000

MR TING LIANGCHENG

aszxtooo/-=e,sz,ooo 1,00,000

852X1000/-=8,52,000 1,00,000

MR. CHUN HSIEN 852X7000/-=8,52,000 1,00,000 1,00,000

4,00,000

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Maximum(Rs.

852,r FCS MACHINERY(INDIA) PRIVATELIMITED

1,00,000

MR. CHUN CHIEHWANG

Total

7.

The adjudication notice stands disposed of with this order.

this order' [Section 454 0f the companies Act, 2013 read with the companies(Adjudicating of penarties) Rules, 2014 as amended by companies (Adjudication ofPenalties) Amendment Rules, 20 191.

Please note that as per the

ll l,: :T: ..:-ffi , ffi :_,"_;:il::Tif il'ih:ffi:;,;::

or the Regional Director within a p".ioa of fVin"w auy, tgO ;uy;ffi:;. ,;:L::::,:, lt,n:

.oo, of order, the company shall be punishable wirh fine whichshall not be less than twenty five thousand .rp.", brt r,rrhi; ;;; ;;;ffi;#,rupees. Further as per of Section 4S4(g) (ii) ofthe Companies Act,z[l3,*r,".u ,.officer of a company who in default does not pay the penarty within a period ofNinety days (g,days) from the date of receipt of the copy of the order, such officershall be punishabre with imprisonment which may extend to six months or with finewhich shall not be less thar

one lakh rupees, or with oori.*tn*'oue thousand rupees but which may extend to

8. Your attention is also invited to section 454(8) of the Act in the event of non-compriance of this order which provides that in case ofdefault in payment ofpenalty,

:::,r*:,,* :,lt be fited u/s asa(s) (ii) of the Companies Act, 2013 ar your own cosrswrthout any further notice.

(M. K. SAHU)Kegisrrar of Companies & AdjudicatinI

Gujara! Dadra & Nagai

(rcrs)OfficerHaveli

,LQ-O -E'oi{'

To:

No. ROC-Gf/ADI. ORDER/ FCS Machinery / Sec.tz(S)(c)/ ZOzt_Zz

1. M/S. FCS MACHINERY ONDIA) PRIVATE LIMITEDBLDG C BLOCK NO, 218 XCELON INDUSTRIAL ESTATE,NR INTAS PHARMACEUTICAL VILL. CHANCHARVAD IVASNA,AHMEDABAD,Ahmedabad,Cu;aragSAiire,'r"air.

No. RoC-cf/ADl. ORDER/ FCS Machinery/ Sec.tl(3)(c)/ Zo2t_zz

2. MR TrNG LrANC CHENc (DIN- 08089239.1.S/0 Shri zHENc DTNGCHENG CHENT

,

-11 1 No. 1s0 DAQTAO rsr srREEr,

YOUNGKANG DISTRICTTAIWAN_999999, Taiwan

No. RoC-G]/ADI. ORDER/ FCS Machinery/ Se c.tz(Z)(c)/ Z0Z7_Z2

3. MR. CHUN CHrEH WANG IDIN 08532930 ]s/oSHRIPoHsuN wANi ---- )

NO. 259, BAODONG ROADPITOU VILLAGE,GUANMTA0 DrsTRrCr, TATNAN-71841, i"i,rrn

,,o2L

Dated

Dated

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Dated

Dated4. y,l g.luN HsrEN WANG (0Bs32eB6)

S/O SHRI PO HSUN WANCNO.269, BAODONG ROAD, GUANMIAO

DISTRICTTAINAN_71841, Taiwan

//l,t,,?Resis trar or co m r"

", ", JTII j,:jlllrrg:il?.

[Copy to: Gujara! oaa.u a lrgai nrruii ,.Ministry of corr"*".1ttii::^$nlgugh proper channet) , /a

9a.ou,,[::,H'i;:1":i;;;jrr;#n),;;ffi ;iT,'H.iJon,.., Ahmedabad.3,O,13

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