Penalty Imposed for Failure to Maintain Functional Registered Office — Hosak Industries & Plastics Ltd
Background and Overview
The Registrar of Companies, Chhattisgarh, exercising adjudicatory powers under Section 454 of the Companies Act, 2013, has passed a penalty order against Hosak Industries & Plastics Ltd and its officers in default for contravening Section 12(1) of the Companies Act, 2013, thereby attracting penal consequences under Section 12(8) of the said Act. The order, bearing reference Order ID: PO/ADJ/06-2026/BP/02340, was issued on 25th June 2026.
The genesis of this adjudication lies in a reference forwarded by the Office of the Regional Director, North-Western Region, which flagged the repeated return of official correspondence sent to the company's registered address — each time bearing the postal endorsement "Not Known."
About the Company and the Individuals Concerned
Company: Hosak Industries & Plastics Ltd
CIN: U17124CT1987PLC004135
Registered Office: Plot No. 84, Sector-4, Sirgitti Industrial Area, Bilaspur, Chhattisgarh – 495004
The individuals identified as officers in default in this matter are:
- Rachna Jain (DIN: 00207539)
- Viren Rai Jain (DIN: 00237657)
- Arjun Rai Jain (DIN: 02700442)
Appointment of the Adjudicating Officer
The Ministry of Corporate Affairs, through Gazette Notification No. S.O. 698(E) dated 10/02/2026, designated the undersigned as the Adjudicating Officer under Section 454 of the Companies Act, 2013, read with the Companies (Adjudication of Penalties) Rules, 2014, for the purpose of adjudging penalties for violations under the Act.
Statutory Framework: Relevant Provisions
Section 12(1) — Obligation to Maintain Registered Office
Section 12(1) of the Companies Act, 2013 mandates that every company must, within thirty days of its incorporation and at all times thereafter, maintain a registered office that is fully capable of receiving and acknowledging all communications and notices addressed to it.
This is not merely a procedural requirement — it is a substantive obligation designed to ensure that the company remains accessible and accountable to regulatory authorities, shareholders, and other stakeholders at all times.
Section 12(8) — Penal Consequences
Section 12(8) of the Companies Act, 2013 prescribes the following penalty for failure to comply with the requirements of Section 12(1):
"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 rupees for every day during which the default continues but not exceeding one lakh rupees."
How the Matter Came to Light
Reference by the Regional Director
The Office of the Regional Director, North-Western Region, vide letter No. RD(NWR)/66/(902)/2025-26/4053 dated 26/11/2025, directed this office to initiate appropriate legal action against Hosak Industries & Plastics Ltd for violation of Section 12 of the Companies Act, 2013.