This Adjudication Order, issued by the Registrar of Companies (ROC) Kanpur under the Ministry of Corporate Affairs, dated October 10, 2025, pertains to the imposition of a penalty on CSC BARIKHAS FARMER PRODUCER COMPANY LIMITED for non-compliance with the Companies Act, 2013. The ROC, acting as the Adjudicating Officer, initiated action under Section 454 for the specific violation of Section 92(5) of the Act. This section mandates that every company must file its annual return and specifies that failure to do so results in a penalty of ten thousand rupees, plus a further penalty of one hundred rupees for each day the failure continues. The maximum penalty is capped at two lakh rupees for the company and fifty thousand rupees for any officer who is in default.
The default was initially identified during an inspection conducted under Section 206(5) of the Act, which observed that the company had not filed its Annual Return (Form MGT-7) for the financial year that ended March 31, 2022. The order further notes that this failure was continuing, encompassing subsequent Annual Returns for the years ending March 31, 2023, and March 31, 2024. The ROC subsequently issued a Show Cause Notice on August 20, 2025, regarding the non-filing of the return for the 31.03.2024 period. The company and its five identified officers in default—Prashant Kumar Pathak, Vinay Mishra, Viresh Mishra, Shailendra Pandey, and Sushil Kumar Mishra—did not provide any response to the notice or request a hearing, leading the Adjudicating Officer to proceed with the penalty determination based on the available records.
The final order imposed a penalty of ₹12,100 on the company and an equivalent amount of ₹12,100 on each of the five officers in default, resulting in a total imposed penalty of ₹72,600. The company and its officers are directed to rectify the noted default and remit the penalties within 90 days of receiving the order. The penalties imposed on the officers are specifically required to be paid from their personal sources. Parties retain the right to appeal this order in writing to the Regional Director, RD Noida, within a period of sixty days from the date of receipt, following the procedures outlined in the Companies (Adjudication of Penalties) Rules, 2014. Non-payment of the penalty within the prescribed timeframe will trigger additional penal consequences as defined under the Act.
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/00744 Dated: 10/10/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 92(5) 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 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:
If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default 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 during which such failure continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default.
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 Annual Return in form MGT-7 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. Further it is also observed that the company has also not filed Annual Return for years 31.03.2024. Thus, it is evident that the company and its Directors have failed to comply with the provisions of section 92 of the Companies Act, 2013, in filing of the Annual Return of the company for year ending 31.03.2023 and 31.03.2024. thereby attracting the penal provisions mentioned under Section 92(5) 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 officers-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 Annual Return for the year ending as at 31.03.2024. 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 92 (5) 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 | 12100 | 0 | 200000 | |
| 2 | PRASHANT KUMAR PATHAK having DIN as 09196286 | 12100 | 0 | 50000 | |
| 3 | VINAY MISHRA having DIN as
09196287 |
12100 | 0 | 50000 | |
| 4 | VIRESH MISHRA having DIN as
09196288 |
12100 | 0 | 50000 | |
| 5 | SHAILENDRA PANDEY having DIN as 09196289 | 12100 | 0 | 50000 | |
| 6 | SUSHIL KUMAR MISHRA having DIN as 09196290 | 12100 | 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
