The Registrar of Companies, Coimbatore, issued an adjudication order dated 15.07.2026 under Section 454 of the Companies Act, 2013 for violation of Section 203(5) of the Companies Act, 2013 by Eswari Global Metal Industries Limited. The order records that after the company increased its paid-up capital to ₹5,24,19,600 with effect from 20.11.2014, it was required under Section 203 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 to appoint a Whole-Time Company Secretary but failed to do so. It further notes that the 2020 amendment raised the threshold to ₹10 crore from 01.04.2020, providing relief until the company increased its paid-up capital to ₹10,48,39,200 on 27.12.2025, after which it appointed a Whole-Time Company Secretary on 07.05.2026. The total default period was recorded as 2,089 days. The company voluntarily filed an adjudication application admitting the default. The ROC imposed a penalty of ₹5,00,000 each on the company and one director, and ₹1,81,000 each on two other directors, with directions to pay the penalties within 90 days and providing a right of appeal to the Regional Director, Chennai.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Coimbatore
Registrar Of Companies, No.7, AGT Business Park, I Floor, Phase II, Avinashi Road, Civil Aerodrome Post, Coimbatore,
Tamil Nadu, India, 641014
Phone: (0422)-2629640,2628170
Fax: 0422-2628089
E-mail: roc.coimbatore@mca.gov.in
Order ID: PO/ADJ/07-2026/CB/02537 Dated: 15/07/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 203(5) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 698(E) dated 10/02/2026 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 ESWARI GLOBAL METAL INDUSTRIES LIMITED [herein after known as Company] bearing CIN U24203TZ2013PLC037046, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 4/1, A.K.S. NAGAR, 3RD STREET PONNAIYARAJAPURAM COIMBATORE COIMBATORE SOUTH COIMBATORE TAMIL NADU INDIA 641001
Individual details:
In the matter relating to SABARINATHAN ANBALAGAN —————–
In the matter relating to CHANDRASEKARAN PRASATH ——————————
In the matter relating to CHANDRASEKARAN BHARANIKUMAR——————
C. Provisions of the Act:
If any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – Whereas the company has increased its paid up capital from Rs. 1,00,00,000/- to Rs. 5,24,19,600/- w.e.f 20.11.2014. Pursuant to the Section 203 of the Companies Act 2013 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 the company was mandatorily required to appoint a Whole-Time Company Secretary. Wherein the company failed to appoint Whole-time Company Secretary. Hence from the period 20.11.2014 to 31.03.2020 with a delay of 1958 days, and pursuant to the Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2020 effective from 01.04.2020, the requirement of appointment of Whoe time Company secretary was increased to 10 crores or more. The company has increased its paid up capital w.e.f 27.12.2025 to Rs. 10,48,39,200/- and appointed the Whole Time Company Secretary w.e.f 07.05.2026 with a delay of 131 days. Hence the company the company has violated under Section 203 of the Companies Act 2013 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 and punishable under Section 203(5) of the Companies Act, 2013.
2. The company has increased its paid up capital from Rs. 1,00,00,000/- to Rs. 5,24,19,600/- w.e.f 20.11.2014. Pursuant to the Section 203 of the Companies Act 2013 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 the company was mandatorily required to appoint a Whole-Time Company Secretary, which the Company has failed to comply with.
However, pursuant to the Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2020 effective from 01.04.2020, the requirement of appointment of Whole time Company secretary was increased to 10 crores or more. The company has increased its paid up capital w.e.f 27.12.2025 to Rs. 10,48,39,200/- and appointed the Whole Time Company Secretary only on 07.05.2026. Hence there is a defualt under section 203 of Companies act 2013 for the period from 20.11.2014 to 06/05/2026, with intermittent relief for the period from 01.04.2020 to 27/12/2025 owing to the amendment increasing the threshold amount to Rs. 10.00 crores.
Thus the total days of default is arrived as 2089 days (1958 + 131 days) for violation of Section 203 of the Companies Act 2013 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 and punishable under Section 203(5) of the Companies Act, 2013.
E. Order:
1. The Company has accepted the default and filed Adjudication Application voluntarily. Since the default is established this Adjudicating Officer hereby imposes maximum penalty of Rs. 500000/- for the Company and Mr SABARINATHAN ANBALAGAN (DIN 02587384) and a penalty of Rs. 181000/- (Rs. 50000 + 131 X Rs.1000) for Mr. CHANDRASEKARAN PRASATH (DIN 02587396) and CHANDRASEKARAN BHARANIKUMAR (DIN 02606323) as their default period is 131 days only.
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 | ESWARI GLOBAL METAL INDUSTRIES LIMITED having CIN as U24203TZ2013PL C037046 | 500000 | 0 | 500000 | |
| 2 | SABARINATHAN ANBALAGAN having DIN as 02587384 | 500000 | 0 | 500000 | |
| 3 | CHANDRASEKA RAN PRASATH having DIN as 02587396 | 181000 | 0 | 500000 | |
| 4 | CHANDRASEKA RAN BHARANIKUMAR having DIN as 02606323 | 181000 | 0 | 500000 |
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 Chennai 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.
Vairamuthu Nagarajan,
Registrar of Companies
ROC Coimbatore
