The Registrar of Companies, Uttar Pradesh I, issued an adjudication order dated 25.06.2026 under Section 454 of the Companies Act, 2013 for violation of Section 39(5) arising from non-compliance with Section 39(4) by CMB India Nidhi Limited. The matter originated from an inquiry into Nidhi Companies following directions issued in meetings and review workshops, where the Inquiry Officer observed that the company had paid-up share capital of ₹10,31,800 and ₹12,31,800 for the financial years ended 31.03.2016 and 31.03.2017 and had made allotment of shares without filing Form PAS-3. The Inquiry Report dated 02.11.2022 recorded the violation, and the Office of DGCoA accorded penal action on 29.07.2024. A show cause notice dated 08.05.2026 was issued, but no response or hearing request was received. The ROC imposed a penalty of ₹1,00,000 each on the company and five officers in default, directed rectification of the default and payment within 90 days through the MCA e-Adjudication facility, stated that officers must pay from their personal sources, and provided for an appeal to the Regional Director, Delhi within 60 days in Form ADJ.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Uttar Pradesh I
2nd Floor, Kendriya Bhawan, GPOA Building, Fazalganj, Kanpur, Uttar Pradesh, India, 208012
Phone: 0512-2310443
E-mail: roc.kanpur@mca.gov.in
Order ID: PO/ADJ/06-2026/UP/02433 | Dated: 25/06/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 39(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 CMB INDIA NIDHI LIMITED [herein after known as Company] bearing CIN U65923UP2015PLC074616, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 14-C, CHAK DAUD NAGAR, NAINI NA ALLAHABAD ALLAHABAD UTTAR PRADESH INDIA 211008
Individual details:
In the matter relating to SHWETA SINGH_________________
In the matter relating to PRADEEP KUMAR MAURY_________________
In the matter relating to . SHAMBHAVI_________________
In the matter relating to ROHIT BHARGAVA_________________
In the matter relating to SHWETA DEVI_________________
C. Provisions of the Act:
In case of any default under sub-section (3) or sub-section (4), the company and its officer who is in default shall be liable to a penalty, for each default, of one thousand rupees for each day during which such default continues or one lakh rupees, whichever is less.
D. Facts about the case:
1. Default committed by the officers in default/noticee – Whereas one of the meetings where Regional Directors were directed to conduct an in-depth examination and submit a report on the surge of Nidhi Companies in Kanpur, Jaipur and Patna by the Secretary of Corporate Affairs vide minutes dated 10.04.2020. This being one of the Nidhi Company identified by ROC, Kanpur on suo-moto basis consequent upon the discussions in the ROC Review workshops with reference to Nidhi Companies. The Inquiry Officer (IO) has observed that the company has paid up share capital of Rs. 10,31,800 and Rs. 12,31,800/- in the financial year 31.03.2016 and 31.03.2017 respectively. The company had made allotment of shares without filing Form PAS-3 which is violation of section 39(4) of the Companies Act, 2013. In this regard this office had sought information/clarification from the company and its directors which was not found satisfactory. Accordingly, the Inquiry officer has reported the said violation in the Inquiry Report dated 02.11.2022. The O/o DGCoA vide File No. CL-II – 04/492/20232-O/o DGCoA-MCA dated 29.07.2024 has accorded the penal action under section 39(5) of the Companies Act, 2013 for non-compliance of section 39(4) of the Companies Act, 2013 and are thus liable for penal provisions.
2. Neither any response has been received from the company and its officers-in-default nor any request of hearing received in this regard.
E. Order:
1. The Inquiry Officer (IO) has observed that the company has paid up share capital of Rs. 10,31,800 and Rs. 12,31,800/- in the financial year 31.03.2016 and 31.03.2017 respectively. The company had made allotment of shares however Form PAS-3 has not been filed which is violation of section 39(4) of the Companies Act, 2013 punishable under section 39(5) of the Companies Act, 2013.
This office issued Show Cause Notice on 08.05.2026 to the company and every officer of the Company who are in default. More than 30 days have expired from issue of Show Cause Notice, no response has been received till date. The company and its officer-in default have also not requested a hearing. In the said circumstances, penalty as applicable as mentioned below are imposed as per section 39(5) of the Companies Act, 2013 for the violation of section 39(4) 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 | CMB INDIA NIDHI LIMITED having CIN as U65923UP2015P LC074616 | 100000 | 0 | 100000 | |
| 2 | SHWETA SINGH having DIN as 07297161 | 100000 | 0 | 100000 | |
| 3 | PRADEEP KUMAR MAURYA having DIN as 07296598 | 100000 | 0 | 100000 | |
| 4 | SHAMBHAVI having DIN as 07297154 | 100000 | 0 | 100000 | |
| 5 | ROHIT BHARGAVA having DIN as 08321853 |
100000 | 0 | 100000 | |
| 6 | SHWETA DEVI having DIN as 08701047 | 100000 | 0 | 100000 |
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.
Sanjay Bose,
Registrar of Companies ROC
Uttar Pradesh I
