This document details an appeal filed under Section 454(5) of the Companies Act, 2013, by C.A. Manish Maheshwari, an auditor for Syndrome Pharmaceuticals Private Limited. The appeal challenged a penalty order dated January 24, 2024, issued by the Registrar of Companies (ROC) cum Official Liquidator, Patna, Bihar. The penalty was imposed for a violation of Section 143 of the Companies Act, 2013, specifically concerning the non-reporting of violations or non-compliance by the company in the audit report for the Financial Year 2016-17. The ROC had issued an adjudication notice on December 22, 2023, and the auditor had responded on January 5, 2024, acknowledging an “inadvertent error” during the audit.
Despite the auditor’s reply, the ROC, Patna, proceeded to pass the adjudication order on January 24, 2024, imposing a penalty of ₹5,000 on C.A. Manish Maheshwari. The appeal was filed within the statutory 60-day period. During the appeal hearing on March 26, 2025, the authorized representative for the appellant, Shri Arani Guha, was asked to identify any infirmity in the ROC’s order that would warrant modification under Section 454(7) of the Companies Act, 2013. However, the representative was unable to establish a sufficient ground for altering the original order.
Consequently, the Regional Director, Eastern Region, exercising powers under Section 454(7), confirmed the penalty order issued by the Registrar of Companies, West Bengal (presumably an administrative error in the document, as the ROC was Patna). The order stipulates that the auditor, C.A. Manish Maheshwari, must pay the ₹5,000 penalty from personal funds within 90 days of receiving the order. It also cautions that failure to deposit the penalty within the specified timeframe will result in further action under Section 454(8)(ii) of the Companies Act, 2013. The appeal was therefore disposed of, affirming the initial penalty.
Application No. RD/ER/ 454/ 39/ 2024/Appeal/2236 to 2238
BEFORE THE REGIONAL DIRECTOR, EASTERN REGION
MINISTRY OF CORPORATE AFFAIRS, KOLKATA.
IN THE MATTER OF
THE COMPANIES ACT. 2013
-AND-
IN THE MATTER OF
C.A. Manish Maheshwari (M. NO: 511085)
405, 4th floor, Block B, P. Mall, Behind Big Bazaar,
Exhibition Road, Patna, Bihar – 800001
For Syndrome Pharmaceuticals Private Limited
(CIN – U24230BR2009PTC014515)
-AND-
IN THE MATTER OF
Application under section 454 (5) of The Companies Act, 2013 for preferring an appeal against the penalty order dated 24.01.2024 of Registrar of Companies, Patna passed for violating the provisions of section 143 of the Companies Act, 2013.
C.A. Manish Maheshwari (M. NO: 511085)
405, 4th floor, Block B, P. Mall, Behind Big Bazaar,
Exhibition Road, Patna, Bihar – 800001
For Syndrome Pharmaceuticals Private Limited
(CIN – U24230BR2009PTC014515)
………. APPELLANT
Date of : 26.03.2025
Hearing
Present : Shri Arani Guha, Ld. Counsel and Authorized Representative.
ORDER
1. The present Appeal has been preferred under section 454 (5) of the Companies Act, 2013 read with the provisions of the Companies (Adjudication of Penalties) Rules, 2014 vide Form ADJ bearing SRN no. F93707776 dated 22.03.2024 by the aforesaid appellant against the penalty order dated 24.01.2024 for the violation of section 143 of the Companies Act 2013, passed by the Adjudicating Authority i.e. Registrar of Companies, cum Official Liquidator, Patna, Bihar dated 24.01.2024 communicated to the appellants vide letter no. ROC/PAT/Sec-143/ 14515/ 1371 dated 24.01.2024. The Appeal has been filed within prescribed time limit i.e. 60 (sixty) days as section 454 (6) of the Companies Act, 2013.
2. The office of the Registrar of Companies, cum Official Liquidator, Patna had issued Adjudication notice for violation of section 143 of the Act vide letter no. ROC/PAT/SCN/Sec-143/14515/1270 dated 22/12/2023 to the Auditor of Syndrome Pharmaceuticals Private Limited. In this regard, a reply was filed by the applicant on 05.01.2024 stating that an inadvertent error was committed by the applicant during the audit of M/s. Syndrome Pharmaceuticals Pvt. Ltd. for Financial Year 2016-17.
3. However, ROC, Patna, has passed the Adjudication order bearing no. ROC/PAT/Sec-143/14515/1371 dated 24.01.2024, as per the table below:
| Nature of Default | Violation of Section of the Companies Act, 2013 | Company/Offs cers to whom penalty imposed | No. of days in default | Penalty for defaults (Rs.) as per Section 450 of the Act | Total Penalty (Rs.) | Penalty Imposed (Rs.) As per Sec. 446B of the Act |
| Non-Reporting of violations /non-compliance made by the company in audit report. |
Section 143 Section 143 | C.A. Manish Maheshwari, Chartered Accountants
Membership no. 511085 |
F.Y. 2016 2017 | 10.000 | 10,000 | 5.000 |
4. Having considered the facts and circumstances of the case and after taking into account the facts stated above, ROC-cum-Official Liquidator, Patna imposed a penalty of Rs. 5,000/- (Five thousand Only) on the Auditor for F.Y 2016-17 for the violation of provisions of Section 143 of the Companies Act 2013.
5. The Appeal was heard on 26/03/2025. The Authorised Representative Shri Arani Guha, Learned Counsel was asked to make submission regarding infirmity in the order of Registrar of Companies, the Authorised Representative could not made out any ground u/s 454(7) of the Companies Act, 2013 under which the order can be modified. Accordingly the undersigned by virtue of the power vested under section 454(7) of the Companies Act, 2013 read with the Companies (Adjudication of Penalties) rules, 2014 confirms the order of the Registrar of Companies, West Bengal dated 24/01/2024.
6. The Auditor of the company shall pay the amount of penalty from out of his own pocket. The amount of penalty shall be paid within a period of 90 days from the date of receipt of the copy of the order.
7. Further, if the Auditor fail to deposit the penalty amount within the prescribed time limit, action under section 454(8) (ii) of the Companies Act, 2013 shall be initiated against the Auditor.
8. The instant Appeal stands disposed of accordingly.
(Rakesh Tiwari)
REGIONAL DIRECTOR (ER)
Signed this the 05th day of June, 2025
