The Registrar of Companies, Kanpur issued an adjudication order imposing penalties under Section 454 for violation of Section 137(3) of the Companies Act, 2013 after Newmine Technology Private Limited failed to file its financial statements for the year ending 31.03.2023. An inquiry under Section 206(4) revealed non-compliance with Section 137(1), and despite issuance of a show cause notice, neither the company nor its directors responded or sought a hearing. As a result, the ROC determined that the company and its directors, classified as officers in default under Section 2(60), were liable for penalties for the continuing failure. Penalties were imposed amounting to ₹33,050 on the company and ₹25,000 each on the responsible directors, subject to statutory limits. The order directs rectification and payment of penalties within 90 days through the MCA e-Adjudication portal and provides for appeal before the Regional Director within 60 days. Non-payment may attract further penal consequences under Section 454(8).
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kanpur
Registrar of Companies, 37/17, Westcottt Buidling, The Mall, Kanpur, Uttar Pradesh, India, 208001
Phone: 0512-2310443,2310227,2310323
E-mail: roc.kanpur@mca.gov.in
Order ID: PO/ADJ/12-2025/KN/01075 | Dated: 09/12/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 137(3) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 831(E) dated 24/03/2015appointed undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 [herein after known as Act] read with Companies (Adjudication of Penalties) Rules, 2014for adjudging penalties under the provisions of this Act.
B. Company details:
In the matter relating to NEWMINE TECHNOLOGY PRIVATE LIMITED [herein after known as Company] bearing CIN U72900UP2019FTC124956, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at INDIRA NAGAR, IN FRONT OF PARMANAND SCHOOL JALAUN NA ORAI JALAUN UTTAR PRADESH INDIA 285001
Individual details:
In the matter relating to PING ZHANG__________
In the matter relating to . SUKHBIR __________
C. Provisions of the Act:
(3) If a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may be, before the expiry of the period specified therein, the company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees, and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The Directorate vide its letter No. Inq./Guard/2021/10971 dated 17.12.2021 and Ministry?s letter No. F.No. CL-II-08/131/2021-DGCoA-MCA dated 13.12.2021 directed to conduct the inquiry u/s. 206(4) of the Companies Act, 2013 The Inquiry officer has observed form the record of the company in MCA21 registry that company has failed to comply the section 137(1) of the Companies Act, 2013 in respect of filing of the Annual Report of the company for the year ending 31.03.2023 The said violation was reported by the Inquiry Officer in his report dated 13.04.2022. Accordingly, the office of RD NR vide his letter No. Inquiry/206(4)/Bestly/RD/NR/2022/3138 dated 07.06.2022 thereby attracting the penal provisions mentioned under Section 137(3) of the Act. The Company and its Directors are officers in default, as per section 2(60), of the Companies Act, 2013. And are thus liable for penal provisions under section 137(3) of the Companies Act, 2013.
2. Neither any response has been received from the company and its officers-in-default nor any request of hearing received in this regard.
E.Order:
1. This office issued Show Cause Notice on 23.10.2025 to the company and its officer-in-default for not filing the Financial Statements for the year ending as at 31.03.2023 as required under section 137(1) of the Companies Act 2013. More than 30 days have expired, no response has been received till date. The company and its officer-in default have also not requested for hearing. In the said circumstances, penalty as mentioned below is being imposed upon the company as well as its officer-in default under section 137(3) of the Companies Act, 2013.
2. The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person on whom penalty imposed (B) | Rectification of Default required (C) | Penalty Amount (D) | Additional Penalty (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Maximum limit for Penalty (F) |
| 1 | NEWMINE TECHNOLOGY PRIVATE LIMITED having CIN as U72900UP2019F TC124956 | 33050 | 0 | 200000 | |
| 2 | PING ZHANG having DIN as
08649902 |
25000 | 0 | 50000 | |
| 3 | . SUKHBIR having DIN as08804895 |
25000 | 0 | 50000 |
3. The notified officers in default/noticee shall rectify the default mentioned above and pay the penalty, so applicable within 90 days of receipt of the order.
4. The notified officers in default/noticee shall pay the penalty amount via ‘e-Adjudication’ facility which can be accessed through the respective login IDs on the website of Ministry of Corporate Affairs and upload the copy of paid challan / SRN of e-filing (if applicable) on the ‘e-Adjudication’ portal itself. It is also directed that the penalty so imposed upon the officers in default shall be paid from their personal sources/income.
5. Appeal against this order may be filed in writing with the Regional Director, RD Noida within a period of sixty days from the date of receipt of this order, in Form ADJ setting for the grounds of appeal and shall be accompanied by a certified copy of this order [Section 454 (5) & 454 (6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014].
6. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Sanjay Bose,
Registrar of Companies
ROC Kanpur
