The Registrar of Companies, Delhi, passed an adjudication order under Section 454 of the Companies Act, 2013 for violation of Section 173(1) read with SS-1, relating to Board Meetings. The company conducted only one Board meeting in 2023 instead of the required minimum of four and failed to maintain the prescribed maximum gap of 120 days between meetings, with a delay of 34 days observed between September 2023 and February 2024. Based on the company’s own application, the adjudicating authority found non-compliance with statutory requirements. Consequently, penalties under Section 450 were imposed on the company and its directors. Each officer in default and the company were penalized ₹43,000. The order directed rectification of the default and payment of penalties within 90 days, with payment to be made through the prescribed e-adjudication mechanism. It also allowed the right to appeal within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Delhi II
4th Floor, IFCI Tower, 61, Nehru Place, New Delhi, Delhi, India, 110019
Phone: 011-26235703 | E-mail: roc.delhicentral@mca.gov.in
Order ID: PO/ADJ/04-2026/DC/01935 | Dated: 15/04/2026
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 GENERAL ATOMICS GLOBAL INDIA PRIVATE LIMITED [herein after known as Company] bearing CIN U33150DL2023FTC419095, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 1105 , 11TH FLOOR, ASHOKA ESTATE 24 BARAKHAMBA ROAD CONNAUGHT PLACE NEW DELHI CENTRAL DELHI DELHI INDIA 110001
Individual details:
In the matter relating to RISHI KABIR BOGRA _____________
In the matter relating to KRISTOPHER STEVEN GEORGE _____________
In the matter relating to RHYS VINCENT WILLIAMS ________________
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 l[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 – I. This office is in receipt of application vide GNL-1 (SRN: N30134050) from the company for adjudication of penalties for default u/s 173(1) r/w SS-1of the Companies Act, 2013. As per the application, the following has been stated:
i. That the company has conducted its first Board meeting for the calendar year 2023 on 22-09-2023 and first Board meeting of calendar year 2024 on 23-02-2024. The gap between the mentioned meetings was 154 days and thus, exceeded the prescribed limit of 120 days as per section 173(1) of Act. Thus, the company held its subsequent meeting on 23.02.2024 with a delay of 34 days (i.e. From 19-01-2024 to 22-02-2024).
ii. That the company failed to conduct a minimum of 04 meetings in the calendar year 2023 as the company convened only 01 board meeting on 22-09-2023 in the calendar year 2023.
II. Thus, in view of the above, the adjudicating officer has reasonable cause to believe that the subject company has not complied with the provision of Section 173(1)r/w SS-1 of the Companies Act, 2013.
The Company and the Noticee are hereby called upon to show cause as to why penal action under Section 450 of the Company Act, 2013 should not be initiated for violation of the provisions of the section 173(1) r/w SS-1 of the Companies Act, 2013 and may submit objections/ reply, if any.
2. Hearing is not requested by company
E. Order:
1. 1. Whereas pursuant to the facts of the case, an application vide GNL-1 (SRN: N30134050) was filed by the company for adjudication of penalty under the Companies Act, 2013 and upon examination of the same, the matter was taken up for adjudication proceedings.
2. Whereas it is observed from the records and as per application submitted by the subject company, the first board meeting was conducted on 22.09.2023 for calendar year 2023. And first board meeting for calendar year 2024 is conducted on 23.02. 2024.Further company failed to conduct minimum of 4 board meetings in the calendar year 2023 as the company has convened only 01 board meeting in calendar year 2023
3. Whereas it is further observed that the company failed to hold its Board Meeting within the prescribed time limit and the delay in holding the Board Meeting was 34 days, thereby resulting in non-compliance of the provisions of Section 173(1) of the Act
In view of the above, it is observed that the company has failed to comply with the provisions of Section 173(1) of the Companies Act, 2013. Accordingly, the company and its officers in default are liable for penalty under Section 450 of the Companies Act, 2013.
Further, during the present adjudication proceedings, from the material/documents available on record(s), the aforesaid noncompliance has been noticed. In the present adjudication proceeding(s), the non-compliance mentioned above is being adjudicated and any other non-compliance, if any, under any other provisions of the Companies Act, 2013 shall be dealt with separately in accordance with law.
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 | RISHI KABIR BOGRA having DIN as 08590134 | 43000 | 0 | 50000 | |
| 2 | KRISTOPHER STEVEN GEORGE having DIN as 10293224 | 43000 | 0 | 50000 | |
| 3 | RHYS VINCENT WILLIAMS having DIN as 10293225 |
43000 | 0 | 50000 | |
| 4 | GENERAL ATOMICS GLOBAL INDIA PRIVATE LIMITED having CIN as U33150DL2023F TC419095 | 43000 | 0 | 200000 |
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 Delhi 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.
Gaurav 1,
Registrar of Companies
ROC Delhi
