ROC Penalises Company and Officers Rs 7 lakh Over 1405-Day Delay in Filing Reporting Director Vacation

The Registrar of Companies (ROC), Chandigarh, under the Ministry of Corporate Affairs (MCA), vide an order no. PO/ADJ/05-2026/CH/02137, dated May 25, 2026, has imposed a penalty of Rs 7 lakh on Pure Drinks Limited and its four officers under Section 454 of the Companies Act 2013, for contravening Section 172 of the Act.

On March 18, 2026, the disputed company had voluntarily filed an application under Section 454 of the Companies Act, 2013 through SRN AC2682156, requesting adjudication of penalty acknowledging the offence committed by it concerning the 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.

The company asserted that the officer named Mr Ajit Singh, having DIN 00088087, was holding office until the occurrence of vacation of office under section 167(1) of the Act. The position of the aforesaid director stood vacated with effect from October 31, 2020, because he became disqualified under Section 164(2) of the Companies Act, 2013. The disqualification occurred as the companies in which he was a director failed to file financial statements and annual returns for more than three consecutive years.

The company and officers admitted that they failed to file Form DIR-12 within the prescribed time limit. The delay in filing was 1405 days, calculated from 30.11.2020 (due date) to 05.10.2024 (actual filing date). Therefore, the company and its officers are found guilty of violating the provisions of Section 172 of the Companies Act, 2013, and hence the disputed company and officers are liable for the aforementioned penalty (3 lakh on Pure Drinks Limited and 4 lakh on Surjit Malhan, Jaideep Singh Malhan, Soniya Chadha Gurnitsingh, and Parmeena Vijay Mahtani). 

They have been instructed to pay the imposed penalty amount and rectify the default within 90 days of receiving the order. Also, if aggrieved with the order, one can also challenge the same before the Regional Director, RD Chandigarh, within a period of 60 days from the date of receipt of this order.