The Registrar of Companies (ROC) in Mumbai has issued an order against Radiant Life Care Private Limited and its managing director, Abhay Soi, for a violation of the Companies Act, 2013. The company itself filed a suo-motu application for adjudication, admitting that there was a gap of 162 days between two consecutive board meetings, which were held on March 25, 2023, and September 4, 2023. This interval exceeded the maximum permitted period of 120 days as stipulated by Secretarial Standard 2.1. The company acknowledged this lapse and its failure to observe the required standards, making it liable for a penalty under Section 118(11) of the Act.
Despite the company’s admission and its request for a lenient view, the adjudicating officer proceeded with the penalty. A show cause notice was issued, to which the company responded in April 2025, again admitting the default. The ROC determined that no further hearing was necessary, given the company’s clear admission of the violation. The order imposes a penalty of ₹25,000 on Radiant Life Care Private Limited and ₹5,000 on Abhay Soi. The penalties must be paid within 90 days from the date of the order, with the director’s penalty required to be paid from personal funds. An appeal against this order can be filed with the Regional Director, RD Mumbai, within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Mumbai
Registrar Of Companies, 100, Everest, Marine Drive, Mumbai, Maharashtra, India, 400002
Phone: 022-22812627,022-22812645, E-mail: roc.mumbai@mca.gov.in
Order ID: PO/ADJ/09-2025/MB/00668 Dated: 17/09/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 118(11) 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 RADIANT LIFE CARE PRIVATE LIMITED [herein after known as Company] bearing CIN U74110MH2010PTC199781, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at Avionne, 2nd Floor, Unit 202, S.V. Road, Vileparle(West) Mumbai Mumbai Maharashtra India 400056
Individual details:
In the matter relating to ABHAY SOI [herein after known as individual] having DIN 00203597 and having its address at THREE SIXTY WEST BY OBEROI REALTY FLAT NO 5204 THREE SIXTY WEST BY OBEROI REALTY FLAT NO 5204 Mumbai Mumbai Maharashtra India 400025
C. Provisions of the Act:
(11) If any default is made in complying with the provisions of this section in respect of any meeting, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The Company, through CS Narottam Bagaria & Associates, filed an Adjudication Application dated 14.10.2024 under Section 454 for violation of Section 173(1) and Section 118(10) of the Companies Act, 2013 (hereinafter referred as “the Act”) on 11.11.2024. The Company in its Application has stated that there was a gap of 163 days between two Board Meetings dated 25.03.2023 and 04.09.2023. Hence, there was a delay of 43 days in holding 2 consecutive board meetings and Company has failed to observe secretarial standard with respect to board meeting specified by the Institute of Company Secretaries of India in violation of section 118(10) of the Act. Thus, the Company and its officers in default are liable for penalty under Section 118(11) of the Act.
2. The Noticees had not submitted any request for the E-hearing and the Adjudicating officer was also of the view that no hearing is required in the instant case.
E. Order:
1. A.A Show Cause notice bearing ID: SCN/ADJ/11-2024/MB/00193 dated 07.04.2025 was issued to the Company and its Officers in default (hereinafter referred to as ?noticees?) under Section 454 read with Section 450 for violation of Section 118(10) of the Act .
B. A reply was received to the said show cause notice from the Company vide letter dated 17.04.2025 wherein it admitted the default under Section 118(10) of the Act and stated that it had filed a suo moto adjudication application for the same. Further, it also requested for a lenient view to be taken as the Company has always complied with the provisions of the Act and the rules thereunder.
C. The Noticees had not submitted any request for the E-hearing and the Adjudicating officer was also of the view that no hearing is required in the instant case.
D. Section 118(10) of the Act states that every company shall observe secretarial standards with respect to general and Board meetings specified by the Institute of Company Secretaries of India constituted under section 3 of the Company Secretaries Act, 1980 (56 of 1980), and approved as such by the Central Government. The Secretarial Standard 2.1 of Secretarial Standard -1 regarding the Meetings of the Board of Directors states that the Company shall hold at least four meetings of its board in each calendar year with a maximum interval of one hundred and twenty days between two consecutive meetings.
E. In the instant case, it is observed that the Company conducted its fifth board meeting for F.Y 2022- 2023 on 25.03.2023 and the first board meeting for F.Y 2023-2024 on 04.09.2023. Thus, there was an interval of 162 days between the aforementioned consecutive meetings, that is 42 days beyond the limit of 120 days as prescribed in the abovementioned Secretarial Standard. Accordingly, the Company and its Officers in default shall be liable to a penalty under the provisions of Section 118(11) for default under Section 118(10) read with Secretarial Standard 2.1 of Secretarial Standard -1.
F. Now, in exercise of the powers conferred on the Adjudicating Officer vide Notification dated 24th March 2015, I hereby impose penalty of Rs. 25,000/- (Rupees Twenty-Five Thousand only) on the Company and Rs.5000/- (Rupees Five Thousand only) on Abhay Soi, Managing Director, Officer in default under Section 118(11) of the Act.
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 | RADIANT LIFE CARE PRIVATE LIMITED having CIN as U74110MH2010P TC199781 | No Rectification required | 25000 | 0 | 25000 |
| 2 | ABHAY SOI having DIN as00203597 |
No Rectification required | 5000 | 0 | 5000 |
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 Mumbai 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.
Chandan Kumar,
Registrar of Companies
ROC Mumbai
