The Registrar of Companies, Chhattisgarh passed an adjudication order under section 454 of the Companies Act, 2013 imposing penalties for violation of section 92(5) due to failure to file the annual return for the financial year 2023–24. It was observed from MCA records that the company did not file its annual return in Form MGT-7/7A within the prescribed time under section 92(4), and the default continued till the date of the order. Show cause notices were duly served on the company and its officers in default through email and speed post; however, no replies were received and no request for hearing was made. Proceeding ex parte, the Adjudicating Officer held that the statutory non-compliance stood established. Considering the period of continuing default, penalties were imposed on the company and all officers in default in accordance with section 92(5), subject to the prescribed monetary limits. The order reiterates that timely filing of annual returns is a mandatory compliance, and prolonged failure attracts penal consequences on both the company and its directors.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Chhattisgarh
ROC-cum-Official Liquidator, 1st Floor, Late Shri Ashok Pingley Bhawan of Municipal Corporation, Nehru Chowk, Bilaspur, Chhattisgarh, India, 495001
Phone: (07752)-250092(D),250094
E-mail: roc.bilaspur@mca.gov.in
Order ID: PO/ADJ/01-2026/BP/01531 | Dated: 31/01/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 92(5) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide itsGazette 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 SHREE BANKE BIHARI INFRACON PRIVATE LIMITED [herein after known as Company] bearing CIN U70102CT2008PTC020870, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at H. NO. 11 & 12, SRISHTHI GARDEN, PACHPEDHI NAKA, RING ROAD NO.2, NA RAIPUR CHATTISGARH INDIA 492001
Individual details:
In the matter relating to PAWAN KUMAR AGRAWAL______________________________________
In the matter relating to HARBILAS AGRAWAL______________________________________
In the matter relating to SUNNY AGRAWAL______________________________________
In the matter relating to BHOLA PRASAD AGRAWAL______________________________________
In the matter relating to ASHA DEVI AGRAWAL ______________________________________
In the matter relating to MAMTA AGRAWAL ______________________________________
In the matter relating to MAYANK AGRAWAL ______________________________________
In the matter relating to PRATIK AGRAWAL ______________________________________
In the matter relating to SHRIYA AGRAWAL______________________________________
C. Provisions of the Act:
If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default 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 during which such failure 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.
D. Facts about the case:
1. Default committed by the officers in default/noticee – It has been observed from the records available with this office that the company has defaulted in filing its annual return for the financial year 2023-24 with the registrar within the prescribed period, and such default continues till date. Accordingly, the company and its officers in default has violated the provisions of section 92(4) of the Companies Act, 2013 which attracts penal provisions under Section 92(5) of the Companies Act, 2013.
2. The Company and its officers in default have not responded to the show cause notices issued to them despite service through email as well as speed post. Further, no request for e-hearing has been made. Accordingly, the Adjudicating officer is of the view that no e-hearing is required in the present case.
E.Order:
1. The company and its officers in default have failed to demonstrate compliance with the provisions of Section 92(4) of the Companies Act, 2013, for the financial year 2023-24. Despite due service of show cause notices, no response has been received. Further, records available on the MCA portal indicates that the company and its officers in default have failed to file copy of annual return in form MGT-7/7A in accordance with Section 92(4) of the Companies Act, 2013 for the F.Y. 2023-24 till date.
In view of the above, it is evident that the company and its officers in default have failed to comply with the statutory requirements of Section 92(4) of the Companies Act, 2013, within the prescribed timeline. Accordingly, they are liable for penal action under the Companies Act, 2013.
Therefore, I am imposing penalty as prescribed under section 92(5) of the Companies Act, 2013 on the company and its officers in default for the aforementioned non-compliance.
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 | SHREE BANKE BIHARI INFRACON PRIVATE LIMITED having CIN as U70102CT2008P TC020870 | 52700 | 0 | 200000 | |
| 2 | PAWAN KUMAR AGRAWAL having DIN as 00118653 | 16400 | 0 | 50000 | |
| 3 | HARBILAS AGRAWAL having DIN as 01389555 |
39700 | 0 | 50000 | |
| 4 | SUNNY AGRAWAL having DIN as 02322474 |
50000 | 0 | 50000 | |
| 5 | BHOLA PRASAD AGRAWAL having DIN as 02354556 | 50000 | 0 | 50000 | |
| 6 | ASHA DEVI AGRAWAL having DIN as 02548723 |
13500 | 0 | 50000 | |
| 7 | MAMTA AGRAWAL having DIN as 02548737 |
13500 | 0 | 50000 | |
| 8 | MAYANK AGRAWAL having DIN as 07917547 |
16400 | 0 | 50000 | |
| 9 | PRATIK AGRAWAL having DIN as 10923761 |
16400 | 0 | 50000 | |
| 10 | SHRIYA AGRAWALhaving DIN as11242363 |
13500 | 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.
Sudhir Kapoor,
Registrar of Companies
ROC Chhattisgarh
