The Registrar of Companies (ROC), Kanpur, has imposed penalties on CSC Barikhas Farmer Producer Company Limited and its directors for violating Section 92(5) of the Companies Act, 2013, which mandates timely filing of annual returns by companies. The order was issued under the adjudication powers of Section 454 of the Companies Act, read with the Companies (Adjudication of Penalties) Rules, 2014.
The inquiry into the company’s compliance was initiated following directions from the Ministry of Corporate Affairs vide letter dated 17 March 2022, instructing inspection under Section 206(5) of the Act. Upon review, the Inquiry Officer observed that the company had failed to file its annual return (Form MGT-7) for the financial year ending 31 March 2022. The subsequent inspection report dated 26 December 2022 confirmed the lapse. Additionally, it was found that the company had also not filed annual returns for the financial years ending 31 March 2023 and 31 March 2024, indicating continued non-compliance. The Directorate General of Corporate Affairs (DGCoA) granted approval for penal action on 23 August 2024.
Under Section 92(5), failure to file annual returns within the prescribed period attracts a penalty of ₹10,000 and an additional ₹100 per day for continuing default, up to a maximum of ₹2 lakh for the company and ₹50,000 for each officer in default. Despite being issued a show cause notice on 20 August 2025, the company and its directors did not respond or request a hearing, leading the ROC to proceed ex parte in deciding the penalty.
In its order dated 10 October 2025, the ROC found the company and its five directors in default — Prashant Kumar Pathak (DIN 09196286), Vinay Mishra (DIN 09196287), Viresh Mishra (DIN 09196288), Shailendra Pandey (DIN 09196289), and Sushil Kumar Mishra (DIN 09196290). The penalties imposed amounted to ₹30,400 on the company (subject to a maximum limit of ₹2 lakh) and ₹25,000 each on the five directors (up to a maximum of ₹50,000). The order directed the company and its officers to rectify the default and pay the penalties within 90 days of receiving the order through the MCA’s e-Adjudication portal. Individual officers were instructed to pay the penalties from their personal funds.
The order also provides a right of appeal under Sections 454(5) and 454(6) of the Companies Act, allowing the company and its directors to approach the Regional Director, Noida, within 60 days from the receipt of the order, using Form ADJ along with a certified copy of the decision. Failure to comply within the stipulated time frame could lead to further penal consequences as per Section 454(8) of the Act.
The decision aligns with similar precedents in corporate compliance cases, where the Ministry and Registrars have consistently penalised companies for defaulting on statutory filings. For instance, in ROC Delhi vs. M/s Goodwill India Pvt. Ltd. (2023), penalties were upheld for non-filing of returns under Sections 92 and 137, reinforcing that statutory filings are mandatory and failure to comply attracts monetary sanctions, regardless of intent.
The Kanpur ROC’s order underlines the Ministry’s focus on ensuring transparency and accountability among registered entities, particularly Farmer Producer Companies, which have been under closer scrutiny to ensure adherence to corporate governance and reporting standards under the Companies Act, 2013.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kanpur
Registrar of Companies, 37/17, Westcottt Buidling, The Mall, Kanpur, Uttar Pradesh, India, 208001
Phone: 0512-2310443,2310227,2310323 E-mail: roc.kanpur@mca.gov.in
Order ID: PO/ADJ/10-2025/KN/00743 | Dated: 10/10/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 92(5) 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 CSC BARIKHAS FARMER PRODUCER COMPANY LIMITED [herein after known as Company] bearing CIN U01100UP2021PTC146981, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O SANT KUMAR, MADNAPUR,BARI KHASH C/O SANT KUMAR, MADNAPUR,BARI KHASH SHAHJAHANPUR SHAHJAHANPUR UTTAR PRADESH INDIA 242001
Individual details:
In the matter relating to PRASHANT KUMAR PATHAK [herein after known as individual] having DIN 09196286 and having its address at ____UTTAR PRADESH INDIA 242001
In the matter relating to VINAY MISHRA [herein after known as individual] having DIN 09196287 and having its address at ____ UTTAR PRADESH INDIA 242001
In the matter relating to VIRESH MISHRA [herein after known as individual] having DIN 09196288 and having its address at ____ UTTAR PRADESH INDIA 242001
In the matter relating to SHAILENDRA PANDEY [herein after known as individual] having DIN 09196289 and having its address at ____ UTTAR PRADESH INDIA 242001
In the matter relating to SUSHIL KUMAR MISHRA [herein after known as individual] having DIN 09196290 and having its address at ____ UTTAR PRADESH INDIA 242001
C. Provisions of the Act:
If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day during which such failure 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.
D. Facts about the case:
1. Default committed by the officers in default/noticee – Whereas Ministry vide letter No. CL-II-03/24/2022 O/o DGCoA-MCA/9444 dated 17.03.2022 gave instructions to conduct the Inspection U/s 206(5) of the Companies Act, 2013. The Inquiry Officer (IO) has observed that the Company has not filed Annual Return in form MGT-7 for the financial year ended 31.03.2022. Accordingly, the Inspecting officer has reported the said violation in the Inspection Report dated 26.12.2022. The O/o DGCoA vide letter CL-II-01/290/2023-O/o DGCoA-MCA dated 23.08.2024 has accorded the penal action for said non-compliance. Further it is also observed that the company has also not filed Annual Return for years 31.03.2023 and 31.03.2024. Thus, it is evident that the company and its Directors have failed to comply with the provisions of section 92 of the Companies Act, 2013, in filing of the Annual Return of the company for year ending 31.03.2023 . thereby attracting the penal provisions mentioned under Section 92(5) of the Act. The Company and its Directors are officers in default, as per section 2(60), 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. This office issued Show Cause Notice on 20.08.2025 to the company and its officer-in-default for not filing the Annual Return for the year ending as at 31.03.2023. More than 15 days have expired, no response has been received till date. The company and its officer-in default have also not requested for hearing. In the said circumstances, penalty as mentioned below is being imposed upon the company as well as its officer-in default as per Section 92 (5) 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 | CSC BARIKHAS FARMER PRODUCER COMPANY LIMITED having CIN as U01100UP2021P TC146981 | 30400 | 0 | 200000 | |
| 2 | PRASHANT KUMAR PATHAK having DIN as 09196286 | 25000 | 0 | 50000 | |
| 3 | VINAY MISHRA having DIN as
09196287 |
25000 | 0 | 50000 | |
| 4 | VIRESH MISHRA having DIN as
09196288 |
25000 | 0 | 50000 | |
| 5 | SHAILENDRA PANDEY having DIN as 09196289 | 25000 | 0 | 50000 | |
| 6 | SUSHIL KUMAR MISHRA having DIN as 09196290 | 25000 | 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 Noida 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 Kanpur
