The Registrar of Companies, Chhattisgarh passed an adjudication order under Section 454 of the Companies Act, 2013 imposing penalties for violation of Section 450 arising from failure to file the Reconciliation of Share Capital Audit Report in Form PAS-6. The company was required to file PAS-6 on a half-yearly basis under Rule 9A(8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014 for the half-year ended 30 September 2019 but failed to do so within the stipulated time. Although the default was later rectified after issuance of a show cause notice by filing the belated forms with late fees, the adjudicating officer held that subsequent compliance does not absolve past non-compliance. Accordingly, penalties were imposed on the company and its officers in default, applying the maximum limits prescribed under Section 450. The order reiterates that procedural lapses relating to statutory filings attract penal consequences irrespective of later rectification.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Chhattisgarh
ROC-cum-Official Liquidator, 1st Floor, Late Shri Ashok Pingley Bhawan of Municipal Corporation, Nehru Chowk, Bilaspur, Chhattisgarh, India, 495001
Phone: (07752)-250092(D),250094
E-mail: roc.bilaspur@mca.gov.in
Order ID: PO/ADJ/01-2026/BP/01513 | Dated: 31/01/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 450 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 MADHU MEMORIAL HOSPITAL LIMITED [herein after known as Company] bearing CIN U85110CT1989PLC005447, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at INDUSTRIAL AREA, VILLAGE HATHKHOJ, NA BHILAI DURG CHATTISGARH INDIA 490026
Individual details:
In the matter relating to VEENU JAIN __________
In the matter relating to VIREN RAI JAIN __________
In the matter relating to ARJUN RAI JAIN __________
C. Provisions of the Act:
If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be 1[liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default or any other person]
D. Facts about the case:
1. Default committed by the officers in default/noticee – The Company has filed an application for reduction of share capital as per section 66 of the Companies Act, 2013 and the rules framed thereunder. During the profiling of the company, it was observed that the Company was required to file ‘Reconciliation of Share Capital Audit Report’ in e-form PAS-6 pursuant to sub-rule 8 of Rule 9A of Companies (Prospectus and Allotment of Securities) Rules, 2014 to report the details and changes in the share capital of the Company on a half-yearly basis for half year ended on 30/09/2019 with this office, however, as per the records available with this office, the company has failed to file the form PAS-6 within the stipulated time for the said period, thereby, violating the provisions of Sub-rule 8 of Rule 9A of the Companies (Prospectus and Allotment of Securities) Rules, 2014 which attracts penal provisions of Section 450 of the Companies Act, 2013.
2. No request for e-hearing was made either by the Company or by the officers in default. Accordingly, no e-hearing was scheduled in the matter.
E. Order:
1. In response to the Show Cause Notice, it was submitted that the filing of the said form was inadvertently overlooked. Upon receipt of Show Cause notice, the company immediately filed e-forms along with the applicable late fees through SRNs AB7553976, AB7550458, AB7549899 dated 27/09/2025 and SRN AB7507861 dated 26/09/2025 in compliance with the provisions of the Companies Act, 2013. Further, records available on the MCA portal indicates that the said e-forms were filed belatedly on the aforementioned dates.
Based on the submissions made and the records available on the MCA portal, it is evident that the Company and its officers in default failed to comply with the provisions of Rule 9A (8) of the Companies (Prospectus and Allotment of Securities) Rules, 2014 for the half-year ended 30/09/2019 within the stipulated time. Accordingly, they are liable for penal action under the Companies Act, 2013.
Therefore, I am imposing penalty as prescribed under section 450 of the Companies Act, 2013 on the company and its officers in default for the aforementioned non-compliance.
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 | MADHU MEMORIAL HOSPITAL LIMITED having CIN as U85110CT1989P LC005447 | 200000 | 0 | 200000 | |
| 2 | VEENU JAIN having DIN as 00207165 | 50000 | 0 | 50000 | |
| 3 | VIREN RAI JAIN having DIN as 00237657 | 50000 | 0 | 50000 | |
| 4 | ARJUN RAI JAIN having DIN as 02700442 | 50000 | 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 Ahmedabad 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 Chhattisgarh
