No action by roc and rd against the company for filing false

dear sir

below is the email sent repeatedly to roc, rd west and mca hq. but with no response.could not understand that when the facts available on board and clearly indicates the deliberate and willful forgeiry by the company directors thru cs why no action has been taken till date. what i can do and how.

DATE : 27.12.2013

 

 

To MINISTRY OF CORPORATE AFFAIRS 'A' WING, SHASTRI BHAWAN RAJENDRA PRASAD ROAD, NEW DELHI - 110 001 PHONE : 011-23384660, 23384659 EMAIL : hq.delhi@mca.gov.in               oandm.dca@sb.nic.in

To Regional Director, WESTERN REGION EVEREST 5TH FLOOR 100 MARINE DRIVE MUMBAI - 400002 PHONE: 022-22817259, 22811493 FAX: 022-22812389 EMAIL: rd.west@mca.gov.in

To The Registrar of Companies, Maharashtra, 100 Marine Drive Mumbai-400 002 Ph.No. 22812627 Fax No. 22811977 EMAIL : roc.mumbai@mca.gov.in

 

 

 

Dear sir,

SUBJECT : HUGE MANIPLUATIONS BY ANANT EXTRUSIONS LTD. CIN : U25200MH2004PLC045316, MUMBAI.

REF : ROC LETTER DATED 06.09.2013 ASKING FOR INSPECTION OF BOOKS/RECORDS

 

I as a citizen of India, inspired by your vigilance message dated 13.11.2013 :

 

 

Message is quite good in hearing, but in practical difficult to implement.

 

I have given numerous complaints of the above company, But all in vain. Your department instead of taking action, safeguarded the culprits. A letter of the Dy. ROC Mumbai is enclosed dated 06.09.2013 who in turn questioned our identity and forgot all the powers given by Companies Act and Constitution of India. He violated the MCA circular No.14\2011 challenging my identity. Action against such officers should be taken or else do not waste your time and public faith in issuing such circulars.

 

I have given so many proofs from time to time, but no action has been taken but to issue a small show cause notice and regularize the matter. But even then the manipulations and corrupt practices exists. I am giving some of such manipulations hereunder and want to ask the following three questions :

1. ROC in his letter dated 06.09.2013 intimated us that he has forwarded letter to RD West Mumbai on 15.05.2012 with proposal to order inspection of records of Anant Extrusions Ltd. And the reply from RD is awaited. Why? It is over one and half year.

2. Why Section 628 of the Companies Act 1956 not invoked, when there was number of false statements in Annual Returns, Compliance Report, Directors Report, Balance Sheets? These are of continuous nature involving certifications of fraudulent nature of IPC 420. The shareholdings have been changed again and again without proper records. False statements have been submitted knowingly and intentionally. An immediate action u/s 628 against the following is requested:

1. Kamal Laddha, Director

2. Kamal Shankerlal Binani, Director

3. Narayanlal Laxminarayan Maheshwari, Director

4. Sandeep Sood, Director

5. Anant Kamal Laddha,Director

6. Kashinath Narhar Nikumbh, Director

7. Deep Shukla, Company Secretary

8. Divya Momaiya, Company Secretary

3. Why section 629A of the Companies Act invoked for various violations of the ACT?

 

Finally I would like to point out the various corrupt/fraudlent activities of the company and its associates and would request you to take actions immediately :

 

 

1. DIRECTORSHIP OF SANDEEP SOOD.

 

1. Sandeep Sood was appointed director on 28/08/2005. His tenure ends on 30/09/2005. No from No. 32 filed. On our complaint, ROC issued show cause notice and in response Form No. 32 filed on 07/03/2012 after 6 and half years.

2. In filing of Annual Return he was not shown as director till 2012 in statutory form only names of other directors were mentioned.

3. On 07/03/2012 company filed form no. 32 declaring him director w.e.f. 30/09/2005. The same is certified by CS Divya Momamaya.

4. The action of CS is illegal as Sandeep Sood was not holding DIN till Nov.2011.

5. The section 253 of Companies Act is very clear that no body can be appointed or reappointed as director in any company if he is not holding valid DIN after 01/11/2006.

6. Since Anant Extrusions is limited company, 1/3 of the Board of Directors should retire by rotation as per section 255, Sandeep Sood should have retired by rotation in 2007, 2009 & 2011.

7. And as per section 253, he cannot be reappointed as director as he was not holding valid DIN, the action of the company and confirmation and certification by Company Secretary Divya Momamaya is illegal.

8. Compliance of your show cause notice is also defective and illegal.

9. Further section 266G should be invoked as the director and company has not applied/informed DIN of Sandeep Sood as per section 266Aand 266E. The company should be penalized with Rs. 5000/- and Rs. 500/- per day. As such penalty of Rs 925500 should be imposed on the Director Sandeep Sood and Rs 930500/- to the company for not informing the ROC of the DIN for a continuing default for 1851 days. Further amount of Rs. 925500/- should be imposed u/s. 266G for violating section 266F for not furnishing DIN of Sandeep Sood in all the Annual Return.

ACTION TAKEN BY ROC TILL DATE

1. Safeguarding the company in the interest of the ?????.

2. Issued show cause notice u/s 303, so as to regularize the matter. ROC is not having any knowledge of Companies Act. He was directed by company to issue such notice so that the matter can be regularized and soon after the director resigned from the Board so as to close the chapter.

3. In reply, issued us the letter after 17 months on 06.09.2013, telling us that the company has filed letter on 27.03.12 stating that the complainant is neither director/shareholder/creditor of the company as such he has no right of rasing such issues. The company must have further verbally told the ROC not to proceed further in the case and due to which ROC closed his eyes and could not utilized his power to invoke various penal sections of the Companies Act.

4. ROC violated circular no.14/2011 of MCA directing all to take action against any complaint whether received from any person.

ACTIONS REQUIRED :

1. Penalties u/s 266G on Sandeep Sood of Rs.925500/- for violating Section 266A and Section 266D

2. Penalty u/s 266G on the company of RS.930500/- for violating Section 266E.

3. Penalty u/s 266G on the company of RS.925500/- for violating Section 266F.

4. Penalty for violation of Section 255 and section 256 of the Companies Act, as there has been no retirement of directors by rotation as per the Directors Report on record since 2005.

5. Penal Action against the Company Secretary Divya Momamaya for certifying illegal Form 32 verifying the directorship of Sandeep Sood from the year 2005, without holding valid DIN.

6. Penal action against regular Company Secretary Deep Shukla for hiding the necessary facts with regard to Directorship of Sandeep Sood and also not indicating the fact of non rotation of Directors in his Compliance Report every year since 2005.

 

2. SIX FORM NO.17 FILED FOR SATISFACTION OF CHARGES

The matter has been separately forwarded to you and we expect that it would be taken seriously as it is violation from the persons on whom we trust viz. Bankers, Company Secretaries etc. Necessary provisons of IPC including 420 should be invoked. All the proofs are on record and if actions are not taken we will surly take the matter to court of law dragging all the concerned persons including those who are responsible to take actions. Copy is enclosed.

 

3. ACTS OF COMPANY SECRETARY – DEEP SHUKLA & ASSOCIATES.

 

The company secretary Deep Shukla has certified all the documents and Returns of the company since 2005. It seems that there are no records with the company and various certificates have been issued. The returns have been revised again and again, so as to cover up the back dated manipulations. It is very interesting that on our findings about manipulations, ROC did not took any action but the Company Secretary revised his Compliance certificate for the years 2007, 2008,2009 and 2010 on 04.10.2012. A letter of the company secretary is attached with revised Form 66 that by mistake draft reports (certificate) were attached with the original Form 66 and hence revised. It is a matter of investigation how draft certificate is signed by a qualified Company secretary and form is digital signed by director also who himself is member of ICAI and ICSI. Actual reasons should have been incorporated in letter.

The changes in the certificates should be investigated and proves that the company is not maintaining any secretarial record. Inspection of record should be immediately done and record should be taken in custody. Still after so many revised Compliance certificates, as a lay man my findings are as under :

 

1. In the original Certificate the CS reported transfer of 84680 Shares in the year 2008 and also in 2009. Now he certifies that these shares were transferred in the year 2007-08.

2. The Form 20B was filed for the year 2008 on 15.01.2011 and according to which there is no transfers and the total no. of shareholders is 23. The said form was revised on 30.4.2011 with a letter of Company Secretary (and not of company), stating that the list of shareholders were wrongly given in the original return and hence revised. It is very interesting that the no. of shareholders increased from 23 to 66 in the list. A list of transfers during the year of 84680 shares is also attached which is incomplete and not as per the requirement of ACT. The dates of transfer of shares are missing.

3. The details of shareholders list attached with Form 20B – Annual Return and revised form is as under :

 

PARTICULARS	Y E A R
	2005	2006	2007	2008	2009	2010
Form No. 20B	59	34	34	23	23	23
Shareholders list attached	59	59	59	23	23	23
Revised F.No.20B (03-04-2011)	-	-	-	66	66	66

 

 

 

The returns for the year 2008,2009 and 2010 was revised on 30.04.2011 giving list of 66 shareholders instead of 23 original. It was done on some back dated planning/manipulation, so as to save taxes. It is a matter of great investigation. It is further interesting to note that the number of shareholders were 59 in 2005 and thereafter without any transfers it came down to 34 in 2006 and 2007 as per Annual Returns of the company.

4. Another interesting manipulation is that the company revised returns showing the number of shareholders from 23 to 66 and again it started showing 22 shareholders in the year 2012 and 2013. Surprisingly no shares have been transferred.

5. There is great manipulation in the share holders list. The shareholders are fake. One of the biggest shareholder is Times Guaranty Ltd. holding 19.8% of the shareholding of the company since before 2005. In all the returns, the company is showing its name in the shareholding list. Times is listed company. Now going through the Balance Sheet of Times Guaranty Ltd., there is no such holding of Anant Extrusion ltd. for all the years. This proves that the list is fake.

6. There seems to large level of manuplations with fake shareholdings. Further investigations are required in other corporate holdings such as :

• Max Trades P.LTd. now D&H Sechoron Resources Limited.

• Mundra financial Services P.Ltd.

• Sens*x Capital Markets Ltd.

• Dharamyug Investments P.Ltd.

 

7. With Annual Return of 2008 the company has attached list of transfers of 84680 shares of 39 shareholders. It is worth a matter of investigation in the books of these shareholders, how they have treated such transfer in their books and at what cost these have been transferred. It seems only book entries are made and huge amount of concealment is estimated by the company, directors and shareholders.

8. This means that there is complete contradiction in the Compliance Certificate of the CS and his certificate on the Annual Returns. Is is high possibility that the records are changed again and again for saving taxes and loss to the revenue.

9. On our complaint, the CS revised his Compliance report, giving the dates of Board meetings. It is worth noting that that the number of Board meetings have varied in the year 2007, 2009 and 2010, proving that the certifications are done without any record.

10. Annexure –B of the Compliance certificate is incomplete in all the years, the dates of filing the forms are not mentioned. In most of the cases it is incomplete, faulty and misguiding giving no meaning or ambiguous and improper disclosure.

11. CC 2009 was signed by CS on 01/09/2009, he certifies in annexure B that the AR and accounts were filed with ROC . It is interesting that the AR/accounts were filed with ROC on 15/01/2011. This means that CS has given the back dated report.

12. Even after revising Compliance certificates for the year 2007,2008,2009 & 2010 all the compliance certificates are incomplete and giving wrong information about filing of documents. For eg. Form No. 8 filed are never mentioned. There are other such forms which are not mentioned in the Compliance Certificate of the Company Secretary.

This is the position of the certificate of Company Secretary himself. He has intentionally given wrong facts or certificate has been issued without going through the records and registers. It is high possibility that there may not be any records or records have been changed for huge amount of manipulation.

A strict action against the Company Secretary is requested so as to strengthen the confidence of the public. The Registration of the Company Secretary should be cancelled and criminal case be registered for befooling the public and the authorities, involvement in loss to the Government revenue.

 

4. REPORT OF AUDITORS :

1. Going through the Balance Sheet and Form No. 23AC for the year 2004 to 2011, it is reported that there are no transactions covered under AS-18. This is absolutely wrong reporting by the management/Auditors and the Company Secretary. The company is engaged in the Sales / Purchase transaction with associates and Directors. Further the reports (CARO) state that there are no transaction covered u/s. 301 of companies Act. One of the Associates Company M/s. Akay Mouldings Pvt Ltd. is the debtor of the company. The company has advanced amount to M/s. Akay Moulding Pvt Ltd. It is clear case of attracting sec. 2(22)(e) of Income Tax Act. And great loss of revenue to the Govt. Further the company is purchasing material from Associates. The Chartered Accountant and company secretary are part & parcel of this intentional wrong reporting. The Balance Sheet of the company has wrongly grouped the balance of Akay Moulding p. ltd. under ‘Advance to creditors for expenses’ to misguide the revenue dept.

2. The presentation of Balance Sheets of the year 2011-12 and 2012-13 are not as per the revised Schedule VI. The company has not shown its installments of term loan for next 12 months in Short term Borrowings. Further loan to associate Indo Industries Ltd. of Rs.154 lacs should have been grouped in non- current assets as it is loan which is not given in the ordinary course of business transactions. No interest has been provided on such loan. Such loans are being given by the company in the previous years also. The company is paying interest on borrowing and hence advancing interest free loan given to associate is worth investigating.

3. It is also a matter of enquiry that how Indo Industries Ltd. has presented such loan of Rs.154 lacs in its Balance Sheet.

4. Another interesting fact is that Anant Extrusion Ltd holds 20000 preference shares in Indo Industries Limited aggregating Rs. 20.00 lacs. This is as per the Annual Return of Indo Industries Ltd. filed for the year 2011. However the Balance Sheet of Anant Extrusions ltd. is not showing the same in the Investments.

5. Another interesting fact is that Anant Extrusions Ltd. took term loan from Bank of India in 2010-11 for expansion. During the same year it advanced Rs.114 lacs to Indo Industries ltd. for no reason, which is still continued in Balance Sheet of 31.03.2013 at Rs.154 lacs. It further subscribed to preference share capital of Indo Industries Ltd. of Rs.20.00 lacs in 2010-11. The auditors report that the term loans have been utilized for the purpose taken for and no short term funds have been diverted. It is clear case of wrong reporting and misguiding the Public Financial Institutions.

6. The company was holding shares of Max Trades P. Ltd. for an amount of Rs. 10.00 lacs as per the Balance Sheet of 2006 and 2007. There seem to be violation of section 299 of the Act. It is interesting that the Shares disappeared in the Balance Sheet of 2008, without showing the Profit/Loss on investment. There seem to be high amount of loss to Govt. revenue.

7. The company with other group companies and directors with relatives are rotating huge amounts by way of share capital/loans in various companies, which is matter of investigation. In such transfer of shares and interest free loans, there is chance of loss to Govt. revenue may be it from invoking Sec.2(22)e of Income tax Act or by way of capital gains.

 

 

 

 

 

 

 

5. DIRECTORS REPORT :

• The company has filed From No. 23AC for the year 2006 and 2007. The Director’s report is not filed with same. As such the form is void and the company shall be asked to resubmit the forms.

• The Directors report for the year 2008, 2009 & 2010 states that ‘ There were no any changes into directorship of the company’.

• It is very interesting that being limited company, 1/3 of the Board has to retire by rotation. Here the company has violated section 255 and 256 of Companies Act.

 

 

6. CHAIN OF COMPANIES :-

The directors of the company seems to be engaged in money laundering and revolving of black money through chain of companies. Some of the companies which are involved in the transactions are as under : -

• Max Trade Share Pvt. Ltd. (D&H Sechron Resources Ltd.)

• Sens*x Capital Market Ltd.

• Akay Moulding Pvt Ltd.

• Mundra Financial Services Ltd.

• Indo Industries Ltd.

• Trimline Agencies P. Ltd.

• Octave Trade P.LTd.

 

The directors of the company are holding key post in these companies directly or through their relatives. Some of the companies are Calcutta based. On enquiry you will find more than 50 companies in the chain belonging to Laddha, Binani and Maheshwari.

 

I hope you will take immediate action against the company, directors, group companies, Company Secretary and Chartered Accountats. Only inspection from your staff, who are regularly reporting with closed eyes, cannot erode corruption. Outside agencies should be involved and other departments should be informed for investigation.

Thanking you,

Yours Faithfully

 

 

 

Arun Gandhi

1-3 Ellora Plaza, 2^nd floor

3, Maharani Road

Indore-452007

Mobile - 9303203346

 

 

 

 

 

 

 

 

 

 

Sub : CONTINIOUS FILING OF FORGED /INCORRECT DOCUMENTS.

 

Culprits : 1. Anant Extrusions Ltd. Mumbai. CIN NO. U25200MH2004PLC045316

2. Directors of the company

3. Company Secretary, Deep Shukla

4. State Bank of India, Kingsway Branch Nagpur

5. State Bank of India, Industrial Finance Branch Nagpur

6. Bank of India, Malad West Mumbai

 

We have made several complaints of the above company, Company Secretary - Deep Shukla, Company Secretary- Divya Momaiya, CA and Directors of the company for filing of misleading, false and incorrect documents.

 

BUT IT SEEMS THAT THERE IS NO LAW IN THE COUNTRY FOR INFULENTIAL AND RESOURCEFUL PEOPLE.

 

They manage the Govt. Officers, Bank Officers, and other investigating authorities. In continuation to our previous complaints, the fate of which is not known to us or surpressed by the corrupt officers by wrong reporting, we would like to bring the following FRESH FORGERY by the company, Directors, Bank Officers and Company Secretary. A criminal case should be registered under various clauses of IPC for filing misleading and incorrect documents against these and section 628 of companies Act should be invoked against the Directors of the company and certificate of the CS to be taken back with heavy penal provisions for playing with the faith of public in the name of reputed Institute viz ICSI.

 

Contd..

//2 //

 

 

 

7. Six Form No. 17 was filed on 6/03/2013. The details of satisfaction of charges are as under :-

 

_______________________________________________________________________________________

Sr No. Charge ID Date of Creation Amount Bank Date of Satisfaction Date of

As per Bank letter Satisfaction

As per Form 17

_______________________________________________________________________________________

 

i 90188470 20/02/1993 1,30,00,000 SBI 03/09/2012 06/03/2013

ii 90187674 09/03/1995 1,75,00,000 SBI 03/09/2012 06/03/2013

iii 90185401 28/12/1988 70,00,000 SBI 03/09/2012 06/03/2013

iv 90188585 09/03/1995 1,75,00,000 SBI 03/09/2012 06/03/2013

v 90236466 10/10/2005 1,93,75,000 SBI 06/03/2013 06/03/2013

vi 90236451 10/08/2005 50,00,0000 SBI 06/03/2013 06/06/2013

_____________________________________________________________________________________

 

8. In the first 4 charges mentioned above, the dates of satisfaction as per Bank letter is 03/09/2012. This means that Form No. 17 should have been filed till 02/10/2012. But the Director of the company Kamal Laddha has given wrong information in Form NO. 17 and mentioned the date of satisfaction as 06/03/2013. This fact was known to the Company Secretary and even then he certified the documents with incorrect information. Section 628 of the companies Act should be invoked against the company and Directors of the Company for giving wrong information knowingly and intentionally and continuously at various times. Strict Action against the Company Secretary should be taken for certifying the wrong declarations knowingly and intentionally to give loss to the Govt. revenue and taking handsome fees for such wrongful deeds.

9. For all the Forms petition application for condonation of delay had to be filed. This means that the Company has given loss to the Govt. revenue to the tune of at least Rs. 6.00 lacs by giving wrong information in the forms already filed.

 

THIS IS NOT THE END OF THE STORY OF MANUPLATORS /CHEATERS. THEY HAVE INVOLVED THE BANKERS ALSO IN THE MATTER WHO HAVE CO-OPERATED THEM BY GIVING TOTALLY WRONG CERTIFICATES OF SATISFACTION, SURPRESSING THE ACTUAL DATES OF SATISFACTION OF DEBTS.

 

The manager of State Bank of India Kingsway branch Nagpur and AGM of Industrial Finance branch Nagpur have issued wrong certificate furnishing the wrong dates of satisfaction of debt or certifying the incorrect information regarding the dates of satisfaction in Form No. 17. The debts were liquidated in the year 2006-07, but the bank has given the wrong dates of satisfaction after six years. They were also knowing that the mortgage of these assets were already created in favor of Bank of India in the year 2006-07. As such they are also involved in criminal acts of the company by counter signing the Form No. 17 filed with ROC. They are also equally responsible for loss of revenue to the Government.

 

It is further worth noting that the company is enjoying limits with Bank of India for the year 2006-07 as per the Balance Sheet of the company, but the charges are registered in the name of SBI till 06/03/2013 as per the records of ROC.

Contd..

// 3 //

 

 

Further Bank of India gave loans to company on 14-10-2006, but did not insisted the company to register the charge with ROC. It was first registered on 25/10/2010. That means that for more than 4 years, there was no charge on the assets of the company with BOI. It is a matter of investigation why the Bankers were so liberal in sanctioning and disbursing of the loans without proper documentation. Even charge registered on 25/10/2010 was manipulated suppressing the facts that the unit was enjoying the limits since the year 2006-07. This was done with the intention of saving the company from filing petition with the CLB for condonation to register the charges and thus saving money.

 

The company secretary was also knowing this fact and did not qualified his Compliance certificate since the year 2006-07.

 

Your Registrar of Companies, Mumbai is a very simple man. On complaining to him, he simply gave us reply that the forms were filed and cleared in STP mode and nothing could be done now. Further he has questioned our identity by quoting the company’s remark that “I am not the shareholder or lender of the company” and hence I can not raise such issues.

 

Now my question is :

7. When every form is filed in STP mode and cleared, why Government is paying salary for such a simple man like ROC?

8. He quoted the remarks of the company that “ I am not shareholder of the company”, but simply kept silent on his duty and stand on our complaint. ---very simple--- every one knows why?

9. I have full right of giving information, where such companies, company secretaries and people sitting at Public places are indulged in wrong practices. Also it is duty of the officers to take actions as all the proofs are in PDF mode and available at the MCA site.

10. In our previous complaints, ROC informed us that he has sent application to RD WEST to inspect the books of the company since June 2012, but there is no response from RD. Let me know what time it takes in taking decision is Mumbai itself?

 

 

I do not have much hope from ROC and hence I have not written him again, but for final I have given you information to take action or else I would have no choice but to take legal recourse.

Thanking you,

Yours faithfully,

arun kumar gandhi

cell:09303203346

 

 

 

 

CC to :

8. MD State Bank of India.

9. MD Bank of India

10. Chief Vigilence officer : cvo@sbi.co.in, dgm1.vig@sbi.co.in

11. The Institute of Company Secretary of India, to take necessary action to safe guard the member

12. Director, Serious Fraud Investigation Office, MCA,

 

 

 

 

 

 

 

 

 

 

 

 

Shri G. Jaganmohan Rao
Principal Chief General Manager
Department of Banking Supervision
Reserve Bank of India
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.