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Very serious problem, immd advice reqd

CA Sheetal Joshi (Proprietor) (39 Points)

28 December 2012

Some Unknow Person has Registered a Company on with ROC Maharashtra, Using the Address of my Client at Mumbai. without his Knowledge, & We came to know about this when one Fine day my client received aPAN Card in the Name of the Co. We checked the Co name on the MCA site & found that it has been Registered in November & Address used is My clients address. Also 3 days back we recd a TAN No. Allotment letter from I Tax & Today a Cheque Book of HDFC Bank from some New Delhi Branch had come thru Courier ( We have Returned the Courier saying No such Co is there on this our Address ). But this Bank Address has made us understand that the Company has been registered by some person online who is Placed in New Delhi.

I Need some Immediate Help as to what steps I should take to get the Co regn cancelled & How do I inform the Necessary Depts about the misuse of my clients address & safe guard my client

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14 Replies

abc (Student CA Final ) (132 Points)
Replied 28 December 2012

Your client should first lodge an FIR complaint against such company with all the necessary documents to make himself safe.

inform TIN NSDL via https://www.tin-nsdl.com/customerfeedback.php THERE IS A COMPLAINT CHECK BOX THERE...

Visit MCA website.. under investor services tab.. there are various options...also contact nodal officer if needed...

or also visit SERIOUS FRAUD INVESTIGATION OFFICE https://www.sfio.nic.in/websitenew/main2.asp

https://www.sfio.nic.in/websitenew/BOARD-LINE.pdf

you may also visit MCA portal https://pgportal.gov.in/Grievance.aspx to register your grievance.

Also inform bank that you received such cheque book from them in name of so & so co. which is not actual address and ask them to verify address again.

It is not in our hands to get any other companys registration cancelled with out adequate inquiry by officials.

Also your client may be required to prove his ownership of place, if asked.

Also your client can file a case in court. Take the help of advocate if this step is to be taken.

HOPE THIS CAN HELP... I DONT KNOW EXACT PROCEDURE...& THE ABOVE MAY NOT SATISFY YOUR NEED... but just a try from my side to help you...

4 Like

Ashwani Narnoli (.) (1843 Points)
Replied 28 December 2012

This matter should be responded to the MCA

SUDHIR & PRADEEP JI (CA FINAL+LLB + DISA) (2299 Points)
Replied 28 December 2012

file an FIR against the company & their directors...... send them a summon through the court. for ur safeside file a complaint with ROC, mumbai & keep a copy of all these documents with u for further reference

CA Mansi Kotecha (Keep Smiling !!) (6890 Points)
Replied 28 December 2012

Originally posted by : PRADEEP & SUDHIR JI
	file an FIR against the company & their directors...... send them a summon through the court. for ur safeside file a complaint with ROC, mumbai & keep a copy of all these documents with u for further reference

Vaiibhav Gupta (Founder & Promoter JSR Fincon Inc) (89 Points)
Replied 28 December 2012

absolutely wrongly said my abc, you are requested to please approach MCA stating them the exact situation that has happend and also mail to the respective authorities such as TAN , Income tax about misuse of ur address, no need to lodge FIR or get into hassle ,a registered post to MCA and visit to ROC will suffice with duly acknowledge letter of ur complaint .

For further details u can mail at vaiibhavgupta @ gmail.com

Thanks

VG

mr abc there is no need of FIR as i have faced same problem 4months ago a written compliant to MCA followd by visit would suffice.

thanks

abc (Student CA Final ) (132 Points)
Replied 28 December 2012

Originally posted by : Vaiibhav Gupta
	absolutely wrongly said my abc, you are requested to please approach MCA stating them the exact situation that has happend and also mail to the respective authorities such as TAN , Income tax about misuse of ur address, no need to lodge FIR or get into hassle ,a registered post to MCA and visit to ROC will suffice with duly acknowledge letter of ur complaint . For further details u can mail at vaiibhavgupta @ gmail.com Thanks VG

whatever I said u said in different words... FIR will be needed to prevent from any mishappening so that he can make himself safe... and I said I was not confirm about the measures stated by me, but I did not talk in HIBROO... if u MAIL these authorities without any backing, the wont even entertain your request.

Vaiibhav Gupta (Founder & Promoter JSR Fincon Inc) (89 Points)
Replied 28 December 2012

Originally posted by : abc

mr abc there is no need of FIR as i have faced same problem 4months ago a written compliant to MCA followd by visit would suffice.

thanks

Originally posted by : Vaiibhav Gupta

absolutely wrongly said my abc, you are requested to please approach MCA stating them the exact situation that has happend and also mail to the respective authorities such as TAN , Income tax about misuse of ur address, no need to lodge FIR or get into hassle ,a registered post to MCA and visit to ROC will suffice with duly acknowledge letter of ur complaint .

For further details u can mail at vaiibhavgupta @ gmail.com

Thanks

VG

whatever I said u said in different words... FIR will be needed to prevent from any mishappening so that he can make himself safe... and I said I was not confirm about the measures stated by me, but I did not talk in HIBROO... if u MAIL these authorities without any backing, the wont even entertain your request.

abc (Student CA Final ) (132 Points)
Replied 28 December 2012

Ok cool. Let her try our suggestions.

Karan Teli (Life Is just an Illusion...!!) (4573 Points)
Replied 28 December 2012

Well...!!

FIR is needed this days so u can have the first prefence always. It is recommended to complain to other ppl also and follow the procedure given by Mr. Gupta.

All views here are given in their personal opinions. Care to be taken not to offend any one.

GEORGE JOSEPH ( Practising CA) (100 Points)
Replied 28 December 2012

My dear friends, please take care to use our language in such a way that it does not hurt any one.We can express our views and opinions decently and observing etiquette.It is upto any person to accept or not to accept the opinions.

DISHA SHAH (professional) (1618 Points)
Replied 28 December 2012

in this case point is cheating to public , government using wrong address so fir should be filed immediately at first step to protect their self

venkatesh (learner) (116 Points)
Replied 29 December 2012

First directly go to inform the ROC-Mumbai office and explain them what is procedure to cancel this registration and etc., like PAN,TAN ... then file a compliant and take suggestions from MCA Officials clearly it is rightway to close the problem.

CA SHIVAM TANDON (0) (76 Points)
Replied 29 December 2012

file a complaint with mca and also lodge an FIR

B.Anand Kumar (Chartered Accountant) (30 Points)
Replied 29 December 2012

Dear Sir / Madam

A spain based private co started in 2009. It got funds for share capital + other expenses including Audit fee from the Spain co (Which is now its 100% holding co). The CA, by a blunder mistake gave a certificate to RBI that the entire amount received was for the shares which were allotted to the Spain co.

Now the problem is that the share value allotted was less than the original amount received. The reason was that it was that CA's fees which he took directly from Spain co's money. This year RBI questioned this under the purview of FDI procedures. Though the amount was not big, this looked as a procedural mistake. That CA too apologised for his carelessness. If RBI did not accept this transaction as procedurally correct, What should the co do to correct this situation. At that time of commencement, no one except that CA was aware of Indian laws and regulations. They were all foriegners (except that CA). would the company need to pool in the deficit amount again from spain ?

Kindly help me in advising them.

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