The Registrar of Companies, Cuttack, passed an adjudication order dated 27.07.2026 under Section 454 of the Companies Act, 2013 against Malook Chand Foods Private Limited for violation of Rule 12(1B) of the Companies (Accounts) Rules, 2014, read with Section 450 of the Companies Act, 2013, relating to delayed filing of Form CSR-2 for FY 2020-21. The form was required to be filed by 30.06.2022 but was filed on 03.06.2026. The company submitted that the default had been rectified before issuance of the show cause notice, attributed the delay to administrative oversight, procedural confusion regarding the newly introduced form, COVID-19 disruptions, and sought relief under the Company Compliance Facilitation Scheme (CCFS) 2026. After examining the reply and noting non-appearance at the rescheduled e-hearing, the Adjudicating Officer held that belated filing did not extinguish the continuing default and imposed penalties under Section 450. Penalties of ₹2,00,000 were imposed on the company and ₹50,000 each on three officers in default. The order directed payment within 90 days, filing of e-Form INC-28 after payment, and stated that an appeal may be filed before the Regional Director, Hyderabad within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Cuttack
ROC-cum-Official Liquidator, Ministry Of Corporate Affairs, Corporate Bhawan, 2nd & 3rd Floor, Plot No-9(P), Sector-1,
CDA, Cuttack, Orissa, India, 753014
Phone: 0671-2366952
E-mail: roc.cuttack@mca.gov.in
Order ID: PO/ADJ/07-2026/CT/02583 Dated: 27/07/2026
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. 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 MALOOK CHAND FOODS PRIVATE LIMITED [herein after known as Company] bearing CIN U15143OR2002PTC006688, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at S-3A/66 MANCHESWAR INDUSTRIAL ESTATE NA BHUBANESHWAR ORISSA INDIA 751001
Individual details:
In the matter relating to DINESH CHAND AGARWAL ——————-
In the matter relating to PRAVEEN KUMAR ————–
In the matter relating to KRATI AGARWAL —————
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 – Rule 12(1B) of the Companies (Accounts) Rules, 2014 inter-alia provides that :-
Every Company covered under the provisions of sub-section (1) to section 135 shall furnish a report on Corporate Social Responsibility in Form CSR-2 to the Registrar for the preceding financial year (2020-21) and onwards as an addendum to Form AOC-4 or AOC-4 XBRL or AOC-4 NBFC (Ind. AS), as the case may be.
Provided that for the preceding financial year (2020-21), Form CSR-2 shall be filed separately on or before 30.06.2022, after filing Form AOC-4 or AOC-4 XBRL or AOC-4 NBFC (Ind. AS), as the case may be.
In view of above provisions, Form CSR-2 for the Financial Year 2020-21 was required to be filed by the company on or before 30.06.2022. However, it is observed that the company has filed form CSR-2 for the said financial year 2020-21 only on 03.06.2026. Therefore, the company has contravened the provisions made under Rule 12(1B) of the Companies (Accounts) Rules, 2014 and accordingly, the company and its officers in default for the relevant period are liable for penalty under the provisions of Section 450 of the Companies Act, 2013.
2. Reply has been received from the Company vide letter dated 24.06.2026 in response to the SCN, wherein it was requested to give an opportunity for e-hearing to place additional contextual arguments on record before a final order is formulated. In view of the same and to ensure an opportunity being heard, e-hearing was provided.
E. Order:
1. (i)The e-hearing was scheduled for 20.07.2026 and the same was re-scheduled to 21.07.2026 at 11.30 AM on request of the company. However, no one was appeared on behalf of the company or noticee on scheduled date and time for e-hearing, despite providing them reasonable opportunities of being heard. Hence as per Rule 3(11) of Companies (Adjudication of Penalties) Rules 2014, the matter is being proceeded with in the absence of such persons.The Company in its reply dated 24.06.2026 has submitted that :-Upon receipt of the inquiry and discovering the technical omission, the company immediately verified its corporate record. Acting with absolute Bonafide intent, the company cured the default prior to the escalation of formal penal proceedings by successfully filing Form CSR-2 on 03.06.2026 vide SRN-AC3761820. The default cited under Rule 12(1B) of the Companies (Accounts) Rules, 2014 stands completely regularized and rectified as of 03.06.2026 prior to the issuance of the SCN dated 12.06.2026. We respectfully emphasize that the company has good compliance track record since its incorporation. This is the single event caused by the procedural confusion surrounding a newly introduced form. For all subsequent financial years, the company has systematically filed its Form CSR-2 on time. Furthermore, all other statutory compliances have consistently been completed within time without any instance of default. The omission was entirely inadvertent and caused due to an unexpected administrative oversight during the transition period when Form CSR-2 was introduced as a separate form filing. Also the financial year 2020-21 was coincided with the peak disruptions of the COVID-19 pandemic. Like many business, out office was operated with highly restricted staff and our coordination with compliance advisor was severely affected by health emergencies and lockdowns. This unexpected situation unfortunately led to this procedural slip-up. We want to emphasize that the company did not gain any unfair financial advantage, nor did this delay result in any loss to the public interest. The company has regularly spent its required CSR allocations in keeping with Section 135(5) of the Act, proving our ongoing commitment to our social obligations. The company has applied for regulatory protection and transitional waiver benefits under the ongoing Company Compliance Facilitation Scheme (CCFS) 2026 promulgated by the Ministry of Corporate Affairs. Since the underlying filing has been successfully regularized, we pray that your good office extends the intended beneficial parameters of the scheme and suppresses the active penalty. (ii)The reply of the company has been carefully examined. The contention that default has been rectified prior to the escalation of formal penal proceedings is not tenable. As per requirement of Rule 12(1B) of the Companies (Accounts) Rules, 2014, the form CSR-2 for the Financial Year 2020-21 was required to be filed on or before 30.06.2022. However, the company has filed the Form CSR-2 for the said financial year, only on 03.06.2026. It is a settled position that subsequent filing of the e-form may cure the default for the purpose of compliance, however, such belated filing does not obliterate the default already committed. The default is a continuing one and subsists from the date immediately succeeding the due date of filing until the date immediately preceding the actual filing of the said e-form.Having considered the facts and circumstances of the case, the submissions made by the company, and the documentary evidence available on record, it is concluded that the company and its Directors/Officers in default have violated the provisions of Rule 12(1B) of the Companies (Accounts) Rules, 2014. Accordingly, penalty is hereby imposed upon the company and its Directors/Officers in default for the period commencing from 01.07.2022, being the date immediately following the due date of filing, up to 02.06.2026, be g the date immediately preceding the actual filing, under the provisions of Section 450 of the Companies Act 2013. (iii)The company and the directors/officers in default shall pay the penalty amount as mentioned herein below through online mode in compliance with Rule 3(14) of the Companies (Adjudication of Penalties) Amendment Rules, 2019, within a period of 90 days from the date of receipt of this order, specifying the details of this order and the name of the noticee making such payment. Further, the company shall file e-Form INC-28 along with a copy of this order and the payment challans immediately after payment of the penalty amount.
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 | MALOOK CHAND FOODS PRIVATE LIMITED having CIN as U15143OR2002P TC006688 | 200000 | 0 | 200000 | |
| 2 | DINESH CHAND AGARWAL having DIN as 00783263 | 50000 | 0 | 50000 | |
| 3 | PRAVEEN KUMAR having DIN as 00783274 | 50000 | 0 | 50000 | |
| 4 | KRATI AGARWAL having DIN as 08529083 |
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 Hyderabad 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.
null,
Registrar of Companies
ROC Cuttack
