ROC Chhattisgarh confirmed that no penalty will be imposed on the company or its officers for delayed filing of financial statements for FY 2023-24, as the default was rectified within 30 days of the Show Cause Notice, in accordance with Section 454(3) of the Companies Act, 2013.
The Registrar of Companies (ROC) Chhattisgarh issued an adjudication order for Maa Danteshwari Industries Private Limited and its directors regarding a violation of Section 137(1) of the Companies Act, 2013, concerning the late filing of Financial Statements (Form AOC-4) for the Financial Year 2023-24. The company admitted the delay, citing unavoidable circumstances, but submitted evidence that the financial statements were eventually filed on August 26, 2025. The ROC noted that the Show Cause Notice (SCN) was issued on August 20, 2025. Applying the proviso to Section 454(3) of the Act, which provides for the conclusion of proceedings and waiver of penalty if the default under Section 137(1) is rectified within 30 days of the SCN, the ROC determined that no penalty should be imposed on the company or its officers. Since the filing was completed six days after the SCN was issued, the condition for waiver was met, and the penalty column in the order reflected zero for all noticees.
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/00704 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 MAA DANTESHWARI INDUSTRIES PRIVATE LIMITED [herein after known as Company] bearing CIN U27200CT2020PTC010821, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at Shop No. 304, 3rd Floor, Civil Line, Gore Parisar, Block-1 NA Raipur Raipur Chattisgarh India 492001
Individual details:
In the matter relating to VAIBHAV AGRAWAL [herein after known as individual] having DIN 01443519 and having its address at _________________
In the matter relating to HARSHIT AGRAWAL [herein after known as individual] having DIN 05109237 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 the records available with this office that the company has defaulted in filing its financial statements 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 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, the company has submitted its reply, that the company has filed its Financial Statements for the F.Y. 2023-24 in form AOC-4 on 26/08/2025 vide SRN AB6272472. As per MCA records, it was also observed that the company has filed its Financial Statements for the F.Y. 2023-24 belatedly on the aforementioned date. Considering the above facts and circumstances and taking into account the written submissions made by the company, it was deemed that matter could be decided on merits without affording the opportunity of a personal hearing. Accordingly, no e-hearing was scheduled in the present matter.
E. Order:
1. In response to the Show Cause Notice, the company has submitted that due to unavoidable circumstances, the company was unable to file the financial statements for the F.Y. 2023-24 within the prescribed timeline. However, the company has filed its financial statements for the said period on 26/08/2025 vide SRN AB6272472 and the same is verified from the MCA records.
After considering the above facts and the submission made, it is evident that the company and its officers in default have failed to comply with the provisions of section 137(1) of the Companies Act, 2013 and made the default good on 26/08/2025. Further, as per the proviso of sub-section 3 of section 454 of the Companies Act, 2013 which inter alia provides that in case the default relates to non-compliance of sub-section (4) of section 92 or sub-section (1) or sub-section (2) of section 137 and such default has been rectified either prior to, or within thirty days of, the issue of the notice by the adjudicating officer, no penalty shall be imposed in this regard and all proceedings under this section in respect of such default shall be deemed to be concluded.
It is pertinent to mention here that the Show Cause Notice was issued on 20/08/2025 to the Company and its officers in default. Considering the facts and circumstances of the case and after taking into the account the provisions mentioned in the relevant rules followed by amendments in section 454(3) of the Companies Act, 2013, I am of the opinion that no penalty shall be imposed for the default related to non-compliance of section 137(1) of the Act as the said default has been rectified by filing its financial statements for the financial year ended 31/03/2024 on 26/08/2025.
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 | MAA DANTESHWARI INDUSTRIES PRIVATE LIMITED having CIN as U27200CT2020P TC010821 | 0 | 0 | 200000 | |
| 2 | VAIBHAV AGRAWAL having DIN as 01443519 |
0 | 0 | 50000 | |
| 3 | HARSHIT AGRAWAL having DIN as 05109237 |
0 | 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
