The Registrar of Companies (ROC), Patna, passed an adjudication order under Section 454 of the Companies Act, 2013 against a Nidhi company and its managing director for failure to file the annual return for the financial year ended 31.03.2019, in violation of Section 92(4) of the Act. During inspection and verification of MCA records, it was found that the company had not filed the mandatory annual return despite statutory requirements. A notice for e-adjudication was issued on 13.03.2026 and a hearing was scheduled for 19.05.2026, but neither the company nor its managing director appeared or submitted any representation. The default also remained unrectified till the date of the order. Consequently, ROC Patna imposed a penalty of ₹2,00,000 on the company and ₹50,000 on the managing director under Section 92(5). The noticees were directed to rectify the default and pay the penalties within 90 days from receipt of the order.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Patna
ROC-cum-Official Liquidator, Ministry Of Corporate Affairs, High Court Of Patna, Maurya Lok Complex, Block “A” 4th Floor, Dak Bungalow Road, Patna, Bihar, India, 800001
Phone: 0612-2950121
E-mail: roc.patna@mca.gov.in
Order ID: PO/ADJ/05-2026/PT/02233 | Dated: 19/05/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 92(5) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 698(E) dated 10/02/2026 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 SHG MUTUAL BENEFITS NIDHI LIMITED [herein after known as Company] bearing CIN U74999BR2016PLC032131, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O SATISH KUMAR, YADAV MARKET BITHAN ROAD NA HASANPUR BAZAR SAMASTIPUR BIHAR INDIA 848205
Individual details:
In the matter relating to SATISH KUMAR______________
C. Provisions of the Act:
If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default 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 during which such failure 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.
D. Facts about the case:
Default committed by the officers in default/noticee – During the course of inspection, and as per record available on MCA portal, it was noticed that the company has not filed its annual return for the financial year ended 31.03.2019. Thereby violating the provisions of section 92(4) of the Companies Act, 2013.
This office has issued notice for e adjudication on 13.03.2026, thereafter hearing was scheduled on 19.05.2026, however, none appeared on the said date and no representation has been received in this office. Also the Annual return for the financial year ended 31.03.2019 has not been filed till date, Hence it appears that the company and its managing director has defaulted the provisions of section 92 of the Companies Act, 2013.
E. Order:
No one appeared on the date of hearing and no representation has been received in this office. Also the Annual return for the financial year ended 31.03.2019 has not been filed till date. Hence, penalty imposed as per provision of section 92 of the Companies Act, 2013.
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 | SHG MUTUAL BENEFITS NIDHI LIMITED having CIN as U74999BR2016P LC032131 | 200000 | 0 | 200000 | |
| 2 | SATISH KUMAR having DIN as 07490030 | 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 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.
Dr Rameshkumar,
Registrar of Companies
ROC Patna
