The Registrar of Companies, Cuttack, issued an adjudication order concerning Leka Consulting Services Private Limited and its directors for alleged non-compliance under Section 137(3) of the Companies Act, 2013, regarding the filing of financial statements for the financial year ending 31 March 2024. The company initially failed to submit the statements within the prescribed time. Following issuance of a show-cause notice, the company filed the financial statements on 15 October 2025, within thirty days of the notice. As per Section 454(3) of the Companies Act, 2013, timely rectification of such defaults exempts the company and its directors from penalties. Consequently, no penalty was imposed on the company or its officers. The order reinforces that rectifying defaults promptly after a show-cause notice mitigates statutory liability and concludes proceedings. It highlights the importance of adhering to corporate compliance timelines and the protective provision allowing exemption from penalties for timely corrective action.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Cuttack
ROC-cum-Official Liquidator, Ministry Of Corporate Affairs, Corporate Bhawan, 2nd & 3rd Floor, Plot No-9(P), Sector-1,CDA, Cuttack, Odisha, India, 753014
Phone: 0671-2366952
E-mail: roc.cuttack@mca.gov.in
Order ID: PO/ADJ/12-2025/CT/01131 | Dated: 10/12/2025
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 24/03/2015 appointed 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, 2014 for adjudging penalties under the provisions of this Act.
B. Company details:
In the matter relating to LEKA CONSULTING SERVICES PRIVATE LIMITED [herein after known as Company] bearing CIN U74140OR2006PTC008944, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 32A, BIMA VIHAR SECTOR 6, CDA NA CUTTACK ORISSA INDIA 753014
Individual details:
In the matter relating to RAJAMANICKAM ARULSELVAN __________
In the matter relating to . KANIMOZHI __________
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 company has not filed its Financial Statements for the Financial Year ending 31.03.2024 till date as per requirement of Section 137(1) of the Companies Act, 2013. Hence, the company has violated the provisions of Section 137(1) of the Companies Act, 2013.
2. N. A.
E.Order:
1. Facts about the case : The company has not filed its Financial Statements for the Financial Year ending 31.03.2024 as per requirement of the Section 137(1) of the Companies Act 2013.
Reply of the Company/Directors : In response to the SCN dated 14.10.2025, the company in its reply dated 25.10.2025 has stated that required Financial Statements from the Financial year ending 31.03.2024 has been filed by the company ON 15.10.2025 and requested that no further penalty be imposed in the matter in accordance with the provisions of Section 454(3) of the Companies Act 2013.
Order : It is verified from the MCA Portal and found that the company has rectified the default by filing the Financial Statements for the Financial Year ending31.03.2024 0N 15.10.2025.
Further, Section 454(3) of the Companies Act 2013 mandates that ?Provided that in case the default relates to noncompliance of sub-section (4) of section 92 or sub-section (1) or sub-section (2) of section 137 and such default has been rectified either prior to, or within thirty days of, the issue of the notice by the adjudicating officer, no penalty shall be imposed in this regard and all proceedings under this section in respect of such default shall be deemed to be concluded.?
As the company has rectified the defaults within 30 days of SCN and in view of the provisions of Section 454(3) of the Companies Act 2013, no further action is warranted.
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 | LEKA CONSULTING SERVICES PRIVATE LIMITED having CIN as U74140OR2006P TC008944 | 0 | 0 | 200000 | |
| 2 | RAJAMANICKAM ARULSELVAN having DIN as 01724975 | 0 | 0 | 50000 | |
| 3 | . KANIMOZHI having DIN as
01725002 |
0 | 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 Kolkata 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.
Sudhir Kapoor,
Registrar of Companies
ROC Cuttack
