Officers of the company were adjudicated for non-submission of Form AOC-4, emphasizing personal accountability under Section 137(3) and the Companies Act’s strict compliance requirements.
The Registrar of Companies (ROC), Kanpur, operating under the Ministry of Corporate Affairs, issued an Order of Adjudication on 10/10/2025, imposing penalties on CSC BARIKHAS FARMER PRODUCER COMPANY LIMITED and its five directors for non-compliance with the Companies Act, 2013. The regulatory action was initiated after an inspection confirmed a violation of Section 137(1). Specifically, the company failed to file its statutory financial statements (Form AOC-4) for the financial year that ended on March 31, 2022. This failure to submit the mandatory document to the ROC resulted in the application of penal provisions outlined in Section 137(3) of the Act, which governs the penalty structure for such non-filing.
The company and its officers in default, identified as Prashant Kumar Pathak, Vinay Mishra, Viresh Mishra, Shailendra Pandey, and Sushil Kumar Mishra, were served a Show Cause Notice on 20.08.2025. Given that no response was received, nor was a request for a formal hearing submitted, the ROC proceeded with the penalty adjudication. The company was assessed a total penalty of ₹2,00,000, accounting for initial and continuing defaults up to the date of the order. Furthermore, each of the five directors was individually penalized ₹50,000, resulting in a collective penalty of ₹2,50,000 imposed on the individuals responsible for the non-compliance.
The Adjudication Order mandates that the company and its officers in default must rectify the underlying failure to file the financial statements and remit the total penalty amount through the Ministry of Corporate Affairs’ e-Adjudication facility. The deadline for payment is within 90 days of receiving the order, with directors specifically required to pay the imposed penalties from their personal funds. The order also notes the provision for an appeal to the Regional Director, RD Noida, which must be filed within a period of sixty days from the date the order is received.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kanpur
Registrar of Companies, 37/17, Westcottt Buidling, The Mall, Kanpur, Uttar Pradesh, India, 208001
Phone: 0512-2310443,2310227,2310323
E-mail: roc.kanpur@mca.gov.in
Order ID: PO/ADJ/10-2025/KN/00739 Dated: 10/10/2025
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 CSC BARIKHAS FARMER PRODUCER COMPANY LIMITED [herein after known as Company] bearing CIN U01100UP2021PTC146981, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O SANT KUMAR, MADNAPUR,BARI KHASH C/O SANT KUMAR, MADNAPUR,BARI KHASH SHAHJAHANPUR SHAHJAHANPUR UTTAR PRADESH INDIA 242001
Individual details:
In the matter relating to PRASHANT KUMAR PATHAK [herein after known as individual] having DIN 09196286 and having its address at ____UTTAR PRADESH INDIA 242001
In the matter relating to VINAY MISHRA [herein after known as individual] having DIN 09196287 and having its address at ____ UTTAR PRADESH INDIA 242001
In the matter relating to VIRESH MISHRA [herein after known as individual] having DIN 09196288 and having its address at____ UTTAR PRADESH INDIA 242001
In the matter relating to SHAILENDRA PANDEY [herein after known as individual] having DIN 09196289 and having its address at ____ UTTAR PRADESH INDIA 242001
In the matter relating to SUSHIL KUMAR MISHRA [herein after known as individual] having DIN 09196290 and having its address at ____ UTTAR PRADESH INDIA 242001
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 – Whereas Ministry vide letter No. CL-II-03/24/2022 O/o DGCoA-MCA/9444 dated 17.03.2022 gave instructions to conduct the Inspection U/s 206(5) of the Companies Act, 2013. The Inquiry Officer (IO) has observed that the Company has not filed Balance sheet in form AOC-4 for the financial year ended 31.03.2022. Accordingly, the Inspecting officer has reported the said violation in the Inspection Report dated 26.12.2022. The O/o DGCoA vide letter CL-II-01/290/2023-O/o DGCoA-MCA dated 23.08.2024 has accorded the penal action for said non-compliance. Thus, it is evident that the company and its Directors have failed to comply with the provisions of section 137 (1) of the Companies Act, 2013, in filing of the financial statement of the company for year ending 31.03.2022. thereby attracting the penal provisions mentioned under Section 137(3) of the Act. The Company and its Directors are officers in default, as per section 2(60), of the Companies Act, 2013. And are thus liable for penal provisions.
2. Neither any response has been received from the company and its officer-in-default nor any request of hearing received in this regard.
E. Order:
1. This office issued Show Cause Notice on 20.08.2025 to the company and its officer-in-default for not filing the Financial Statements for the Financial Year 2021-22. More than 15 days have expired, no response has been received till date. The company and its officer-in default have also not requested for hearing. In the said circumstances, penalty as mentioned below is being imposed upon the company as well as its officer-in default as per Section 137 (3) 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 | CSC BARIKHAS FARMER PRODUCER COMPANY LIMITED having CIN as U01100UP2021P TC146981 | 50150 | 0 | 200000 | |
| 2 | PRASHANT KUMAR PATHAK having DIN as 09196286 | 25000 | 0 | 50000 | |
| 3 | VINAY MISHRA having DIN as
09196287 |
25000 | 0 | 50000 | |
| 4 | VIRESH MISHRA having DIN as
09196288 |
25000 | 0 | 50000 | |
| 5 | SHAILENDRA PANDEY having DIN as 09196289 | 25000 | 0 | 50000 | |
| 6 | SUSHIL KUMAR MISHRA having DIN as 09196290 | 25000 | 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 Noida 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.
Sanjay Bose,
Registrar of Companies
ROC Kanpur
