The Registrar of Companies, Jharkhand, acting under Section 454 of the Companies Act, 2013, passed an adjudication order imposing penalties for violation of Section 88(5) due to failure to maintain a statutory Register of Members. During inspection, it was found that the company had not kept a consolidated register of members in the prescribed form at its registered office since incorporation, amounting to a continuing default. In its reply, the company admitted that the statutory register was not physically available at the time of inspection and had not been properly compiled, which the Adjudicating Officer held to be a clear contravention rather than a curable technical lapse. Consequently, penalties were levied on the company and its two officers in default in accordance with the statutory limits prescribed under Section 88(5). The order directs rectification of the default and payment of penalties within 90 days through the MCA e-Adjudication portal, clarifies that officers must pay from personal sources, and outlines the appellate remedy before the Regional Director within the prescribed period.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Ranchi
ROC-cum-Official Liquidator, Ministry Of Corporate Affairs, Mangal Tower, 4th floor, Old Hazaribagh Road, Near Kanta Toli Chowk, Ranchi, Jharkhand, India, 834001
Phone: 0651-2531811,2531401
E-mail: roc.ranchi@mca.gov.in
Order ID: PO/ADJ/02-2026/RN/01570 | Dated: 05/02/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 88(5) 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 MOTHER’S WISH PRIVATE LIMITED [herein after known as Company] bearing CIN U15203JH2020PTC014627, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at HOUSE NO M/5 HARMU HOUSING COLONY NA RANCHI RANCHI JHARKHAND INDIA 834002
Individual details:
In the matter relating to SHASHANK SHEKHAR ______________
In the matter relating to MAYANK SHEKHAR ______________
C. Provisions of the Act:
If a company does not maintain a register of members or debenture-holders or other security holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2), the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – As per Section 88 of the Companies Act, 2013, every company shall keep and maintain the following registers in such form and in such manner as may be prescribed namely; (a) register of members indicating separately for each class of equity and preference shares held by each member residing in or outside India; (b) register of debenture -holders; and (c) register of any other security holders.
During inspection of registered office of the Company, it was found that no register of members of the company was available there.
Hence, the company has violated the provision of section 88 of the Companies Act, 2013.
Hence, the company and its officers-in-default namely (i) Shashank Shekhar and (ii) Mayank Shekhar are liable for penal action under 88(5) of the Companies Act, 2013, since the date of incorporation.
E. Order:
1. The company and its officers vide response letter no. MWPL/12-25/04 dated 31/12/25 have admitted that at the time of inspection the compiled statutory register of members in the prescribed format was not physically available at the registered office and the records were not consolidated into single statutory register as envisaged under Section 88. Therefore the company/officers clearly appear to be in default. Remaining response is afterthought. Hence, penalty is levied against the company/officers in terms of Sec 88 (5) 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 | MOTHER’S WISH PRIVATE LIMITED having CIN as U15203JH2020P TC014627 | 150000 | 0 | 300000 | |
| 2 | SHASHANK SHEKHAR having DIN as 06671517 | 25000 | 0 | 50000 | |
| 3 | MAYANK SHEKHAR having DIN as 06671535 | 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 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.
Himanshu Shekhar,
Registrar of Companies
ROC Jharkhand
