Belated MSME-1 Filing: MCA imposes ₹9 Lakh Penalty

The Registrar of Companies, Coimbatore passed an adjudication order under Section 454 of the Companies Act, 2013, imposing penalties for violation of Section 405(4) relating to delayed filing of MSME Form I. The company had failed to furnish mandatory half-yearly disclosures on outstanding payments to micro and small enterprise suppliers within the prescribed timelines for the periods ending 30 September 2021 and 31 March 2022. The forms were eventually filed with substantial delays of 1192 days and 1011 days respectively, in contravention of Section 405(1) read with the Specified Companies Order, 2019. The company voluntarily opted for adjudication and admitted the default. Since the statutory forms were already filed, no rectification was required; however, considering the prolonged delay, the adjudicating authority imposed the maximum permissible penalty of ₹3 lakh on the company and on two officers-in-default who were in charge during the period of default. Other directors who joined later were not penalised.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Coimbatore
Registrar Of Companies, No.7, AGT Business Park, I Floor, Phase II, Avinashi Road, Civil Aerodrome Post, Coimbatore,
Tamil Nadu, India, 641014
Phone: (0422) -2629640,2628170
Fax: 0422-2628089
E-mail: roc.coimbatore@mca.gov.in

Order ID: PO/ADJ/01-2026/CB/01335 Dated: 06/01/2026

ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 405(4) 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 NATRINAI VENTURES LIMITED…………

Individual details:

In the matter relating to LAKSHMI KRISHNA KUMAR ——–

In the matter relating to . NAVEEN ——–

In the matter relating to EZHIL GOVINDASAMY ——-

In the matter relating to EAZIL SATHYANTHAN ——-

In the matter relating to EAZIL SUDHARMAN ——–

In the matter relating to DINESH KUMAR VENKATACHALAM ——–

In the matter relating to KATHIRVEL NANJAPPAN SHIVANTHIKA SUDHARSHANI ———

In the matter relating to KODIVANAM RAJARAMAN ———

C. Provisions of the Act:

(4) If any company fails to comply with an order made under sub-section (1) or sub-section (3), or furnishes any information or statistics which is incorrect or incomplete in any material respect, the company and every officer of the company who is in default shall be liable to a penalty of twenty thousand rupees and in case of continuing failure, with a further penalty of one thousand rupees for each day after the first during which such failure continues, subject to a maximum of three lakh rupees.

D. Facts about the case:

1. Default committed by the officers in default/noticee – Company had defaulted in filing MSME Form I within the prescribed time limit for half year period ending 30.09.2021. Form was filed belatedly in contravention of section 405 of Companies Act, 2013.

2. Company has defaulted the provisions of section 405(1) read with Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers) Order, 2019 in the Financial Year 2021-22 by filing the MSME-1 Form with a delay of 1192 days and 1011 days for the period ending 30/09/2021 and 31/03/2022 respectively. The Company has voluntarily opted for adjudication proceedings. Since the Company has requested for physical hearing, this hearing is conducted physically.

E. Order:

1. The Company has accepted the contravention. Since the Company has already filed the relevant e form (MSME-1), no rectification of default is needed. The delay is 1192 days and 1011 days respectively. However the maximum penalty can be imposed upon the Company and the Officers in default is Rs. 3,00,000/-. Hence a penalty of Rs. 3.0 Lakhs is imposed on the Company and the OIDs Mr EAZIL SATHYANTHAN and Mr EZHIL GOVINDASAMY. Since the other Officers have joined the Company much later than the period of default, no penalty is imposed on them.

2. The details of penalty imposed on the company, officers in default and others are shown in the table below:

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 Chennai 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.

Vairamuthu Nagarajan,
Registrar of Companies
ROC Coimbatore