The Ministry of Corporate Affairs (MCA) imposed penalties on multiple companies and their directors for failing to file annual returns and financial statements under Sections 92(5) & 137(3) of the Companies Act, 2013. Orders highlight personal accountability, maximum fines, and the importance of statutory compliance.
This Adjudication Order, issued by the Registrar of Companies (ROC) Kanpur under the Ministry of Corporate Affairs (MCA), is dated October 10, 2025, and carries the ID PO/ADJ/10-2025/KN/00752. The purpose of the order is to determine and impose a penalty on HAIDERPUR FERTILIZER PRODUCER COMPANY LIMITED (CIN U01409UP2021PTC151021) and its five directors for a specific statutory non-compliance. The ROC, acting as the Adjudicating Officer appointed under Section 454 of the Companies Act, 2013, found the company and its officers in default of Section 137(3) of the Act. This section pertains to the failure to file the company’s annual Financial Statements (Form AOC-4). The standard penalty for this violation is specified as a liability of ten thousand rupees for the company, plus a continuing penalty of one hundred rupees for each day the failure persists, capped at two lakh rupees. All directors are correspondingly liable for a penalty of ten thousand rupees, plus one hundred rupees per day of continuing failure, subject to a maximum of fifty thousand rupees per individual.
The investigation originated from general instructions issued by the Ministry to conduct an inspection under Section 206(5) of the Companies Act, 2013. The Inspecting Officer’s report confirmed the company’s failure to file the required Financial Statements for the financial year ending March 31, 2024. Following due process, the Office of the Regional Director accorded approval for penal action related to the Section 137 non-compliance. Subsequently, the ROC issued a Show Cause Notice (SCN) to the company and its five directors—VIJAY KUMAR YADAV, RANJEET KUMAR, KIRAN YADAV, PREETI DEVI, and SIYARAM YADAV—on August 22, 2025. This notice specifically addressed the non-filing of the financial statements for the 31.03.2024 period. The order notes that neither the company nor any of the identified officers in default submitted a response to the SCN or requested a formal hearing within the prescribed time limit. Given the lack of response, the Adjudicating Officer proceeded with the order, imposing the penalty while applying the reduced penalty structure applicable to Producer Companies under Section 446B of the Companies Act, 2013.
Based on the confirmed default and the application of the reduced structure, the Adjudicating Officer imposed a specific penalty on each liable party. HAIDERPUR FERTILIZER PRODUCER COMPANY LIMITED was penalized ₹13,900. Concurrently, each of the five directors received an individual penalty of ₹13,900, bringing the total penalty imposed on the company and its officers to ₹83,400. The order strictly mandates that the company and its officers must rectify the default (file the pending financial statements) and remit their respective penalty amounts within 90 days of receiving the order. Payment is required to be made through the ‘e-Adjudication’ facility on the MCA website, with confirmation uploaded to the portal. It is explicitly stated that the directors must cover their penalties from their personal sources or income. The order concludes by outlining the appeal process, specifying that penalized parties may file an appeal in writing with the Regional Director, RD Noida, within a sixty-day period from the date of receipt, submitted in Form ADJ and accompanied by a certified copy of the order. Failure to comply with the payment deadline will result in further penal consequences as detailed under Section 454(8) of the Act.
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/00752 Dated: 10/10/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 137(3) 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 HAIDERPUR FERTILIZER PRODUCER COMPANY LIMITED [herein after known as Company] bearing CIN U01409UP2021PTC151021, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O VIJAY KUMAR YADAV BHANWAPUR HARGAON SITAPUR UTTAR PRADESH 261121 C/O VIJAY KUMAR YADAV BHANWAPUR HARGAON SITAPUR UTTAR PRADESH 261121 SITAPUR SITAPUR UTTAR PRADESH INDIA 261121
Individual details:
In the matter relating to VIJAY KUMAR YADAV [herein after known as individual] having DIN 09291294 and having its address at ____ UTTAR PRADESH INDIA 261121
In the matter relating to RANJEET KUMAR [herein after known as individual] having DIN 09291295 and having its address at ____UTTAR PRADESH INDIA 261121
In the matter relating to KIRAN YADAV [herein after known as individual] having DIN 09291296 and having its address at ____ UTTAR PRADESH INDIA 261121
In the matter relating to PREETI DEVI [herein after known as individual] having DIN 09291297 and having its address at ____UTTAR PRADESH INDIA 261121
In the matter relating to SIYARAM YADAV [herein after known as individual] having DIN 09291298 and having its address at ____UTTAR PRADESH INDIA 261121
C. Provisions of the Act:
(3) If a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may be, before the expiry of the period specified therein, the 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 during which such failure continues, subject to a maximum of two lakh rupees, and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be 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 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 – 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 Inspecting Officer (IO) has submitted the Inspection Report on 17.03.2023. The O/o Regional Director vide letter No.1956/JDI/I/2022/206(5)/I00079147 dated 03.10.2024 has accorded the penal action for non-compliance of section 137. Thus, it is evident that the company and its Directors have failed to comply with the provisions of section 137 of the Companies Act, 2013, in filing of the financial statement of the company for year ending 31.03.2024, thereby attracting the penal provisions mentioned under Section 137(3) 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 22.08.2025 to the company and its officer-in-default for not filing the Financial Statements for the year ending as at 31.03.2024. 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 applicable to producer company (Section 446B of the Companies Act, 2013) as mentioned below is being imposed upon the company as well as its officer-in default as per Section 137 (3) 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 | HAIDERPUR FERTILIZER PRODUCER COMPANY LIMITED having CIN as U01409UP2021P TC151021 | 13900 | 0 | 200000 | |
| 2 | VIJAY KUMAR YADAV having DIN as 09291294 | 13900 | 0 | 50000 | |
| 3 | RANJEET KUMAR having DIN as 09291295 | 13900 | 0 | 50000 | |
| 4 | KIRAN YADAV having DIN as
09291296 |
13900 | 0 | 50000 | |
| 5 | PREETI DEVI having DIN as
09291297 |
13900 | 0 | 50000 | |
| 6 | SIYARAM
YADAV having DIN as 09291298 |
13900 | 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
