On May 30, 2025, the Registrar of Companies, Bihar, issued a penalty order against Vaishali Proficient Nidhi Limited for violations under Section 158 of the Companies Act, 2013. The company, incorporated in 2008 and registered in Hajipur, Bihar, failed to include Director Identification Numbers (DINs) in its financial filings for five consecutive financial years (2014–15 to 2018–19). This omission led to contravention of statutory disclosure requirements.
Despite being issued a show cause notice and a formal hearing held on April 17, 2025, the company and its directors failed to provide adequate justification for non-compliance. As a result, the Registrar concluded that both the company and its directors were liable for penalties under Section 172 of the Act, which prescribes a penalty of Rs. 50,000 per year of default, with specified maximum limits.
A total penalty of Rs. 2.5 lakh was imposed on the company. Individual penalties were also levied on seven directors based on their tenure during the default period. These include Suresh Kumar Bhakta and Prasun Kumar Pankaj (Rs. 2 lakh each), Upendra Prasad (Rs. 1.5 lakh), Chittranjan Kumar (Rs. 1 lakh), and others, with total fines exceeding Rs. 10 lakh collectively. Since the company does not qualify as a “small company” under Section 2(85), no reduced penalties under Section 446B were granted.
The order mandates payment via the MCA portal within 90 days and advises the parties of their right to appeal to the Regional Director, Kolkata, within 60 days. Failure to comply may attract further action under Section 454(8) of the Act. This order also serves as formal intimation under Section 20 of the Companies Act, 2013.
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Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies, Bihar
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
11 (0612)- 2216150/2950121
No. ROC/PAT/Sec. 158/013895/200 to 208
Dated: 30.05.2025
Order for penalty for violation of section 158 of the Companies Act, 2013
VAISHALI PROFICIENT NIDHI LIMITED
CIN: U65110BR2008PLC013895
Company:-
1. Whereas, Company M/ s. Vaishali Proficient Nidhi Limited, CIN: U65110BR2008PLC013895 (herein after known as Company) is a company incorporated on 03.09.2008 under the provisions of Companies Act, 1956 in the state of Bihar and having its registered office situated at Hanuman Market, Rajendra Chowk, Marai Road, PS Hajipur, Hajipur, Bihar, 844101, India as per MCA website.
Facts about the case:-
2. Whereas, it is observed that the Balance sheet and financial statements filed for the financial year ended from 31.03.2015 to 31.03.2019 does not consist of Director’s Identification No. (DIN) in the annexure attached to the e-forms, thereby leading to the violation of Section 158 of the Companies Act, 2013 for the mentioned period.
3. This office has issued notice for the violation of section 158 of the Companies Act, 2013 to the company and its directors vide letter dated 14/ 20.08.2024 and a reply is received from one of the ex-directors, viz., Chittranjan Kumar vide letter dated 27.08.2024 inter alia requesting for fixing hearing in the matter.
4. Whereas, this office has issued “Notice of Hearing” vide No. ROC/PAT/Sec. 158/13895/19-25 dated 02.04.2025 to the company and its directors in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 17.04.2025 at 11.30 AM and also to submit their response, if any, one working day prior to the date of hearing , i.e., 16.04.2025.
5. That, on the date of the hearing, two directors of the company, viz., Prasun Kumar Pankaj and Suresh Kumar Bhakta appeared, however, no submission has been made regarding non-compliance. Hence, it is concluded that the provisions of Section 158 of the Companies Act, 2013 have been contravened by the company and its directors and therefore they are liable for penalty under section 172 of the Companies Act, 2013
Section 172:- “If a company is in default in complying with any of the provisions of this chapter and for which no specific penalty or punishment is provided therein, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default”.
6. It is seen that, the company being a Nidhi Company does not fall under the definition of small company as per provision of section 2(85) of the companies Act, 2013. Therefore, the provision of imposing lesser penalty as per section 446B shall not be applicable in this case.
ORDER
7. Therefore, having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty on Company, and its Directors as per table Below under section 172 of the Act for failure in compliance of section 158 of the Companies Act, 2013.
| Nature of Default |
Violation of Section of the Companies Act, 2013 |
Company/ Officers to whom penalty imposed |
No. of days in default/Period of default |
Penalty for default (Rs.) as per Section 172 of the Act |
Total Penalty | Penalty imposed (Rs.) As per Section 172 of the Act |
| Director Identific ation Number (DIN) not mentioned in financial statemen ts |
Section 158 | On company | FY 2014-15 to FY 2018-19 | Rs. 50,000 | Rs. 50,000 * 5 no. of years= Rs. 2,50,000 | Rs. 2,50,000 |
| On Suresh Kumar Bhakta | FY 2014-15 to FY 2017-18 | Rs. 50,000 | Rs. 50,000 * 4 no. of years= Rs. 200,000 | Rs. 2,00,000 | ||
| On Upendra Prasad | FY 2014-15 to FY 2016-17 | Rs. 50,000 | Rs. 50,000 * 3 no. of years= Rs. 150,000 | Rs. 150,000 | ||
| On Prasun Kumar Pankaj | FY 2014-15 to FY 2017-18 | Rs. 50,000 | Rs. 50,000 * 4 no. of years= Rs. 200,000 | Rs. 2,00,000 | ||
| On Chittranjan Kumar | FY 2017-18 to FY 2018-19 | Rs. 50,000 | Rs. 50,000 * 2 no. of years= Rs. 100,000 | Rs. 100,000 | ||
| On Kiran Pankaj | FY 2018-19 | Rs. 50,000 | Rs. 50,000 * 1 no. of year= Rs. 50,000 | Rs. 50,000 | ||
| On Sharmila Kumari | FY 2018-19 | Rs. 50,000 | Rs. 50,000 * 1 no. of year= Rs. 50,000 | Rs. 50,000 |
8. The noticee shall pay the amount of penalty individually for the company and its directors (out of
own pocket) by way of e-payment (available on Ministry website mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/SRN generated after payment of penalty through online mode shall be forwarded to this office.
9. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on Ministry website mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order {Section 454(5) and 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 20141.
10. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.
11. This order may also be treated as an intimation under section 20 of the Companies Act, 2013.
(Mohit Kumar)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna.
To,
1. Vaishali Proficient Nidhi Limited, Hanuman market, Rajendra Chowk, Marai road, PS Hajipur, Bihar 844101.
2. Shri Suresh Kumar Bhakta
3. Shri Prasun Kumar Pankaj
4. Shri Upendra Prasad
5. Shri Chittranjan Kumar
6. Kiran Pankaj
7. Sharmila Kumari
Copy to:–
The Regional Director (ER),
Ministry of Corporate Affairs, for information please.
