The Registrar of Companies, Kanpur, Ministry of Corporate Affairs, passed an adjudication order dated 23 January 2026 under Section 454 of the Companies Act, 2013, imposing a penalty for violation of Section 450 read with Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014. The action followed an inquiry initiated on directions of the Directorate General of Corporate Affairs under Section 206(5), which found that a director’s DIN was deactivated due to non-filing of DIR-3 KYC. Despite issuance of a show cause notice, no response or request for hearing was received within the stipulated time. In the absence of compliance, the Adjudicating Officer proceeded ex-parte and imposed the maximum statutory penalty on the officer in default. The order directs rectification of the default and payment of penalty through the MCA e-Adjudication portal within 90 days, failing which penal consequences under Section 454(8) would follow. The order also provides a statutory right of appeal before the Regional Director within 60 days.
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/01-2026/KN/01425 |Dated: 23/01/2026
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. 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 NEU SCIENCE AND METALLURGICAL TECHNOLOGY PRIVATE LIMITED [herein after known as Company] bearing CIN U93090UP2018PTC105331, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at SHOP NO BS 05 TOWER B, ASHIYANA APARTMENT SARASWATI KUNJ NEAR GAUR CITY 2 NA GREATER NOIDA WEST GHAZIABAD UTTAR PRADESH INDIA 201009
Individual details:
In the matter relating to CHEN XUDONG_________
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 – The DGCoA vide its letter no. F.No.03/211/2020-CL-II(NR) dated 28.10.2020 directed to conduct the inquiry u/s. 206(5) of the Companies Act, 2013. During the Couse of Inquiry, Inquiring Officer has observed/pointed out that KYC status of one of the company, namely, Mr. CHEN XODONG ( DIN: 7905332) is deactivated due to non-filing of DIR-3 KYC. Hence, it is violation of Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014 read with Section 450 of the Companies Act, 2013. The said violation was reported by the Inquiring Officer in his report dated 11.11.2022. Accordingly, the office of DGCoA vide its File No. CL-II-04/607/2023-O/o DGCoA-MCA dated 10.12.2024 directed this office to take necessary action for non-compliance of section 12 A of Companies (Appointment and Qualification of Directors) Rules, 2014.
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 23.10.2025 to Mr. CHEN XODONG ( DIN: 7905332) is deactivated due to non-filing of DIR-3 KYC which is non-compliance of Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014. More than 30 days have expired from issue of Show Cause Notice, no response has been received till date. Mr. CHEN XODONG ( DIN: 7905332) has also not requested for hearing. In the said circumstances, penalty as applicable as mentioned below is being imposed as per Section 450 of the 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 | CHEN XUDONG having DIN as 07905332 | 50000 | 2531000 | 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
strong>ROC Kanpur
