The Registrar of Companies (ROC), Ahmedabad, under the Ministry of Corporate Affairs, has issued an Adjudication Order imposing penalties on Narayan Organics Private Limited and its three directors for a violation of Section 117(2) of the Companies Act, 2013. The company, bearing CIN U24110GJ1992PTC017951, admitted to a delay in filing a Board Resolution for the appointment of an Internal Auditor for the financial year 2023-24. The resolution was passed on March 20, 2024, making the filing deadline for e-form MGT-14 April 19, 2024 (30 days from passing the resolution). However, the company filed the required form with the ROC on November 20, 2024, resulting in a delay of 215 days. This default was voluntarily brought to the Adjudicating Officer’s attention by the company through a suo moto application for adjudication.
The ROC, acting as the Adjudicating Officer, applied the penalty provisions of Section 117(2), which stipulate that a company is liable for a penalty of ₹10,000 plus a further penalty of ₹100 per day for continuing failure, up to a maximum of ₹2,00,000. Officers in default are liable for a similar initial penalty of ₹10,000 plus ₹100 per day, subject to a maximum of ₹50,000. Based on the 215-day delay, a penalty of ₹31,500 was imposed on the company and ₹31,500 on each of the three officers in default: Mehul Dahyabhai Patel, Dahyabhai Narandas Patel, and Purav Dahyabhai Patel. The total penalty levied is ₹1,26,000.
The order directs the company and the officers to rectify the default and pay the imposed penalty amount within 90 days of receiving the order using the Ministry of Corporate Affairs’ ‘e-Adjudication’ facility. It is explicitly mandated that the penalties on the directors must be paid from their personal sources/income. Non-payment within the prescribed time will invoke penal consequences as per Section 454(8) of the Act. The order also informs the noticees that an appeal against this adjudication can be filed with the Regional Director, Ahmedabad, within sixty days from the date of receipt, in Form ADJ.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Ahmedabad
Registrar Of Companies, ROC Bhavan , Opp Rupal Park Society, Behind Ankur Bus Stop, Naranpura, Ahmedabad, Gujarat, India, 380013
Phone: 079-27438531, E-mail: roc.ahmedabad@mca.gov.in
Order ID: PO/ADJ/09-2025/AD/00695 Dated: 25/09/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 117(2) 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 NARAYAN ORGANICS PVT LTD [herein after known as Company] bearing CIN U24110GJ1992PTC017951, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 1101 Sankalp Square 3A Sindhubhavan Road Shilaj Village: Shilaj, Taluka: Daskroi NA Ahmedabad Ahmedabad Gujarat India 380059
Individual details:
In the matter relating to MEHUL DAHYABHAI PATEL [herein after known as individual] having DIN 01338239 and having its address at 10 VRUNDAVAN BUNGLOW III, NR SAMARTH BUNGLOW, SHILAJ ROAD, THALTEJ AHMEDABAD Gujarat India 380059
In the matter relating to DAHYABHAI NARANDAS PATEL [herein after known as individual] having DIN 01338509 and having its address at 10, VRUNDAVAN BUNGLOW PHASE III SHILAJ ROAD, THALTEJ AHMEDABAD Gujarat India 380059
In the matter relating to PURAV DAHYABHAI PATEL [herein after known as individual] having DIN 03107908 and having its address at 10, VRUNDAVAN BUNGLOW III, NR SAMARTH BUNGLOW, SHILAJ, THALTEJ AHMEDABAD Gujarat India 380059
C. Provisions of the Act:
(2) If any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The applicant company has filed suo moto adjudication application and hereby admits that there has occurred a delay in violation of Section 117(1) of the Companies Act, 2013, as the company had passed a Board Resolution dated 20.03.2024 for the appointment of Internal Auditor of the company for the financial year 2023-24 and due date of filing of MGT-14 with ROC within 30 days of passing of such resolution i.e. 19.04.2024. The company had filed the Board resolution in MGT-14 with ROC on 20.11.2024 vide SRN AB1906478. Thus, the company had made a delay of 215 days in filing of such Board Resolution. In terms of penal action for the Provisions of Section 117(2) of the Companies Act 2013 for the company and its officers in default.
2. The applicant has voluntarily has applied for adjudication under section 454 of the CA 2013.
E. Order:
1. Non compliance of applicable provision.
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 | NARAYAN ORGANICS PVT LTD having CIN as U24110GJ1992P TC017951 | 31500 | 0 | 200000 | |
| 2 | MEHUL DAHYABHAI PATEL having DIN as 01338239 | 31500 | 0 | 50000 | |
| 3 | DAHYABHAI NARANDAS PATEL having DIN as 01338509 | 31500 | 0 | 50000 | |
| 4 | PURAV DAHYABHAI PATEL having DIN as 03107908 | 31500 | 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 Ahmedabad 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.
Keerthi Narayana,
Registrar of Companies
ROC Ahmedabad
