The Registrar of Companies (ROC), Chhattisgarh, issued an order imposing a penalty on Navbharat Defence Systems Private Limited and four directors for repeated violations of Section 137(1) of the Companies Act, 2013, specifically for failing to file the financial statements for the Financial Year 2023-24 within the statutory deadline, which attracts penalties under Section 137(3). The company and the officers-in-default submitted a reply acknowledging the non-compliance and attributing the delay to “unavoidable reasons,” including alleged issues with the Ministry of Corporate Affairs (MCA) V2 and V3 portals between June and July 2025. Despite being scheduled for an e-hearing on August 14, 2025, none of the representatives appeared, leading the Adjudicating Officer to proceed ex parte. The ROC noted that, as of the order date (September 30, 2025), the company still had not filed the overdue financial statements.
Consequently, the Adjudicating Officer levied penalties calculated from the prescribed due date until the order date. The company was penalized ₹217,000 (subject to a maximum of ₹200,000 plus the continuing default penalty), and the directors, including Vishal Kumar Singh, Dhananjay Singh, and Jaivanta Singh, received penalties of ₹217,000 each (capped at ₹50,000 plus the continuing default penalty for officers). Vijay Kumar Singh received a penalty of ₹78,000. These penalties are provisional for the officers and subject to a maximum of ₹50,000 each as per Section 137(3). The total calculated penalty imposed on the company and the four officers is ₹946,500 for the failure to file. The order mandates that the company and the penalized officers must rectify the default by filing the financial statements and paying the respective penalty amounts within 90 days through the MCA’s ‘e-Adjudication’ facility, with the directors required to use personal funds for payment.
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/09-2025/BP/00702 Dated: 30/09/2025
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 NAVBHARAT DEFENCE SYSTEMS PRIVATE LIMITED [herein after known as Company] bearing CIN U24100CT2020PTC010555, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O NFCL, NAVBHARAT UDYOG BHAWAN, RING ROAD NO.1, TELIBANDHA, NA RAIPUR Raipur Chattisgarh India 492001
Individual details:
In the matter relating to VIJAY KUMAR SINGH [herein after known as individual] having DIN 00037795 and having its address at ____
In the matter relating to VISHAL KUMAR SINGH [herein after known as individual] having DIN 00604665 and having its address at ____
In the matter relating to DHANANJAY SINGH [herein after known as individual] having DIN 07470005 and having its address at ____
In the matter relating to JAIVANTA SINGH [herein after known as individual] having DIN 09549217 and having its address at ____
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 – It has been observed from records available with this office that the company has defaulted in filing financial statements with the registrar within the prescribed period, from the financial year 2023-24 to till date and thus makes default in complying with the provisions of section 137(1) of the Companies Act, 2013 which attracts penal provisions of Section 137(3) of the Companies Act, 2013.
2. In response to the Show Cause Notice, replies were received from the Company, duly signed by Mr. Jaivanta Singh, Director of the Company, and officers in default namely Mr. Dhananjay Singh, Mr. Jaivanta Singh & Mr. Vishal Kumar Singh. In the reply, it was submitted that due to unavoidable reasons the Company was not able to file the Financial Statements for the Financial Year 2023-24 within the prescribed period. Accordingly, to ensure an opportunity of being heard, an e-hearing was scheduled on 14/08/2025. However, none appeared for the Company and its officers in default on the date so fixed, despite providing them reasonable opportunities of being heard. Hence as per Rule 3 (11) of Companies (Adjudication of Penalties) Rules 2014, the matter is being proceeded with, in the absence of such persons.
E. Order:
1. In response to the Show Cause Notice, it was submitted that due to unavoidable reasons the Company was not able to file the Financials Statement for the Financial Year 2023-24 within the prescribed period. The Company is in the process of filing the same. It was further submitted that the company was not able to avail the services for Annual Filing forms either on MCA V2 Portal or on MCA V3 portal from 18th June, 2025 till 14th July, 2025 in view of launch of final set of 38 Company Forms including 13 Annual filing forms and assured that as soon as the Annual Filing forms get launched on MCA V3 portal, the company will be proceeding with filing of the Financials Statement for the Financial Year 2023-24 with the concerned Registrar of Companies. However, as per MCA records available with this office, the company has not filed its financial statements for the F.Y. 2023-24 till date.
Based on the submissions made and facts of the case, it is evident that the Company and its officers in default failed to comply with the provisions of Section 137(1) of the Companies Act, 2013. Accordingly, they are liable for penal action under the Companies Act, 2013.
Therefore, I am imposing penalty as prescribed under section 137(3) 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 | NAVBHARAT DEFENCE SYSTEMS PRIVATE LIMITED having CIN as U24100CT2020P TC010555 | 21700 | 0 | 200000 | |
| 2 | VIJAY KUMAR SINGH having DIN as 00037795 | 7800 | 0 | 50000 | |
| 3 | VISHAL KUMAR SINGH having DIN as 00604665 | 21700 | 0 | 50000 | |
| 4 | DHANANJAY SINGH having DIN as 07470005 | 21700 | 0 | 50000 | |
| 5 | JAIVANTA SINGH having DIN as 09549217 | 17450 | 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.
Sitaram Gupta,
Registrar of Companies
ROC Chhattisgarh
