This document details an appeal filed under Section 454(5) of the Companies Act, 2013, by M/s. Chalasani Hospitals Private Limited and its directors, Ms. Vijaya Lakshmi Chalasani and Mr. Saileesh Chalasani. The appeal challenged an adjudication order from the Registrar of Companies (ROC), Andhra Pradesh, dated February 24, 2025. The ROC had imposed penalties totaling ₹5,40,000 (₹1,80,000 each on the company and the two directors) due to a delay in filing the return of allotment, which constituted a default under Section 42(9) of the Companies Act, 2013.
During the hearing on May 29, 2025, the appellants’ representative explained that the delay occurred because the company faced portal issues and could only file the required form in July 2023, despite it being due in January 2023. They presented a General Circular dated February 21, 2023, from the Ministry of Corporate Affairs, which extended the filing deadline for PAS-03 e-forms until March 31, 2023. Based on this circular, the Regional Director exempted the period from January to March 2023 from the total delay. Consequently, the period of delay was recalculated from April 1, 2023, to July 4, 2023, amounting to 95 days. The initial adjudication order was then modified.
The Regional Director adjusted the penalty to ₹95,000 for the company and ₹95,000 for each of the two defaulting directors, resulting in a total revised penalty of ₹2,85,000. The appellants subsequently paid this modified penalty, and the authorized signatory confirmed the payment via email on May 31, 2025. In light of this compliance, the appeal was disposed of by the Regional Director (S.E.R.), Hyderabad, on June 4, 2025, effectively concluding the matter.
F. No:9/03/ADJ/SEC.42(9) of 2013/ROC(AP)/RD(SER)/2025/1172 to 1176
BEFORE THE REGIONAL DIRECTOR, SOUTH EAST REGION
MINISTRY OF CORPORATE AFFAIRS, HYDERABAD
IN THE MATTER OF COMPANIES ACT, 2013
IN THE MATTER OF CHALASANI HOSPITALS PRIVATE LIMITED
1. M/s. CHALASANI HOSPITALS PRIVATE LIMITED
# 50-53-14, Gurudwara Lane Seethammadhara,
Visakhapatnam, Andhra Pradesh, India, 530013.
2. Ms. Vijaya Lakshmi Chalasani
3. Mr. Saileesh Chalasani………. Appeallants
Date of hearing: 29.05.2025
Present: Mr. S. Hari Kishore Babu, CS
ORDER
1. This is an appeal filed under section 454(5) of the Companies Act, 2013 by the above appellants in e-form ADJ vide SRN AB3122651 dated 31.03.2025 against the adjudication order Petition No. PO/ADJ/02-2025/VW/00092 dated 24.02.2025 under section 454 read with section 42 (9) of the Companies Act, 2013 passed by the Registrar of Companies, Andhra Pradesh for default in compliance with the requirements of Section 42 (9).
2. Registrar of Companies in his order of adjudication has stated that due to delay in filing the return of allotment within prescribed period from the date of allotment. Hence, the penalty is imposed as per Section 42(9) of the Companies Act, 2013.
3. ROC, Andhra Pradesh had issued e adjudication notice dated 24.02.2025 and imposed a penalty vide their adjudication order No. PO/ADJ/02-2025/VW/00092 dated 24.02.2025, Rs. 1,80,000/- on Company and Rs. 1,80,000/- on its defaulting officers., namely Ms. Vijaya Lakshmi Chalasani, Director and Mr. Saileesh Chalasani, Director (total aggregating to Rs.5,40,000/-).
4. Aggrieved by the said order dated 24.02.2025, the applicants herein have filed the instant appeal and the matter was fixed for hearing on 29.05.2025. The authorized representative, Mr. S.Hari Kishore Babu, Company secretary appeared on behalf of the appellant.
5. The Authorised Representative of the appellant stated that the company was required to file the form in January, 2023 but could file it only in July, 2023 due to issues in the portal. Appellant has provided General Circular No.4/2023 dated 21.02.2023 issued by Ministry of Corporate of Affairs extending the time for filing PAS-03 e-form till 31.03.2023.
6. In view of the circular placed are recorded by the appellant the period of January to March 2023, is exempted from the period of delay. The period of delay is thus counted from 01.04.2023 to 04.07.2023 i.e., 95 days. The order of the AO is modified reducing the penalty in accrodance of the period of delay at Rs. 1000/- for each day of default.
7. The penalty is modified to an amount of Rs. 95,000/- for company and Rs. 95,000/- for each director who were directors/promotors in default i.e., Ms. Vijaya Lakshmi Chalasani and Mr. Saileesh Chalasani (total aggregating to 2,85,000/-)
8. Accordingly, the appellants have paid the penalty and Mr. Surendra Kuchipudi, CS, Authorised Signatory vide email dated 31.05.2025 has furnished the payment of challans with respect to the Adjudication of violation of section 42 (9) of CA 2013 are as under:
| S. No | Named & Designation of the Applicant(s) |
Receipt/SRN challan & dated 30.05.2025. |
Adjudication Penalaty paid by the applicant(s) Amount (in Rs.) |
| 1 | M/s. Chalasani Hospitals Private Limited | 1- 17949984942- C | 95,000/- |
| 2 | Ms. Vijayalakshmi Chalasani | 1- 17945671677- C | 95,000/- |
| 3 | Mr. Saileesh Chalasani | 1- 17946502613 -C | 95,000/- |
|
|
Total Adjudication Penalty (amount in Rs.) | 2,85,000/- | |
9. In view of the compliance made by the Applicants stated above, this final order is issued to the Appellants. The Appeal is hereby disposed of.
Issued under my hand and seal on this the 4th day of June 2025.
RICHA KUKREJA
REGIONAL DIRECTOR(S.E.R.)
HYDERABAD
