The Registrar of Companies (ROC), Chandigarh imposed penalties under Section 454 of the Companies Act, 2013 on a company and its directors for violation of Section 172 relating to delay in filing particulars of change in director through Form DIR-12. The company had voluntarily filed an application admitting the default concerning non-reporting of vacation of office of a director disqualified under Section 164(2) due to non-filing of financial statements and annual returns for more than three consecutive years. The office of the director stood vacated from 31 October 2020, but the DIR-12 was filed only on 5 October 2024, resulting in a delay of 1405 days. ROC held the company and officers in default liable for non-compliance and imposed a penalty of ₹3 lakh on the company and ₹1 lakh each on four directors. The order also directed payment through the MCA e-Adjudication portal within 90 days and clarified that officers must pay penalties from personal sources, with a right to appeal before the Regional Director.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Chandigarh
Corporate Bhawan Plot No.4 B, Sector 27 B, Chandigarh, Chandigarh, India, 160019
Phone: 0172-2639415/2639416
E-mail: roc.chandigarh@mca.gov.in
Order ID: PO/ADJ/05-2026/CH/02137 | Dated: 25/05/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 172 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 PURE DRINKS LIMITED [herein after known as Company] bearing CIN U15549PB1950PLC002023, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 60, YADVINDRA COLONY THE MALL NA PATIALA PUNJAB INDIA 147001
Individual details:
In the matter relating to SURJIT MALHAN _____________
In the matter relating to JAIDEEP SINGH MALHAN _____________
In the matter relating to SONIYA CHADHA GURNITSINGH _____________
In the matter relating to PARMEENA VIJAY MAHTANI _____________
C. Provisions of the Act:
If a company is in default in complying with any of the provisions of this Chapter and for which no specific penalty or punishment is provided therein, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The Company has filed suo moto application Section 454 of the Companies Act,2013 vide SRN AC2682156 dated 18.03.2026 for adjudication of penalty for an offence related to delay in filing of particulars of change in director under section 170(2) of the Act read with Rule 18 of the Companies (Appointment and Qualification of Directors) Rules,2014. It is stated that Mr. Ajit Singh DIN 00088087 was holding office until the occurrence of vacation of office under section 167(1) of the Act, the office of the aforesaid director stood vacated w.e.f. 31.10.2020 due to disqualification under section 164(2) of the Companies Act, 2013, in which he was director, failed to file their Financial Statements and Annual Returns for a consecutive period of more than 3 years. The Company and its officers in default admit their offence as well as violation regarding non-filing of DIR-12 within the due date. That the delay in filing is 1405 days calculated from 30.11.2020(due date) to 05.10.2024 (actual date of filing). Hence, the Company & its officers have violated the provisions of Section 172 of the Companies Act, 2013.
2. As per natural justice
E. Order:
1. Violation of 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 | PURE DRINKS LIMITED having CIN as U15549PB1950P LC002023 | 300000 | 0 | 300000 | |
| 2 | SURJIT MALHAN having DIN as 01109802 | 100000 | 0 | 100000 | |
| 3 | JAIDEEP SINGH MALHAN having DIN as 01110295 |
100000 | 0 | 100000 | |
| 4 | SONIYA CHADHA GURNITSINGH having DIN as 07285799 | 100000 | 0 | 100000 | |
| 5 | PARMEENA VIJAY MAHTANI having DIN as 08027720 | 100000 | 0 | 100000 |
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 Chandigarh 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.
Anupam Vashista,
Registrar of Companies
ROC Chandigarh
