ROC Cuttack penalties for delayed PAS-6 filing: key findings under Section 450

The adjudication order passed by the Registrar of Companies, Cuttack (ROC Cuttack) on 01.07.2026 under Section 454 of the Companies Act, 2013 deals with a prolonged non-compliance relating to filing of e-Form PAS-6 by SATGURU METALS LIMITED. The violation is treated as a continuing default and penalised under Section 450 for the entire period of delay.

This order is important for all unlisted public companies that are required to file the Reconciliation of Share Capital Audit Report in e-Form PAS-6 under Rule 9A of the Companies (Prospectus and Allotment of Securities) Rules, 2014, as it reiterates that:

  • Mere subsequent filing of PAS-6 does not erase the period of default.
  • Penalty continues to accrue until the date of actual filing.
  • Financial hardship is not accepted as a valid ground to avoid penalty.

Appointment of Adjudicating Officer

The Ministry of Corporate Affairs, through Gazette Notification No. S.O. 698(E) dated 10/02/2026, appointed the Registrar of Companies, Cuttack as Adjudicating Officer under Section 454 of the Companies Act, 2013. This appointment was made in exercise of powers under the Act read with the Companies (Adjudication of Penalties) Rules, 2014, enabling the officer to impose penalties for violations where adjudication has been prescribed.

Company and officer particulars

The proceedings relate to:

  • Company: SATGURU METALS LIMITED

    • CIN: U27102OR2007PLC009524
    • Registered office: OPP. CRAZY COOL, MAIN ROAD DAILY MARKET NA ROURKELA ORISSA INDIA 769001

  • Individuals/officers in default:

    • KRIPAL SINGH DANG – DIN 01623170
    • INDERPAL SINGH CHHABRA – DIN 03147440
    • UJJWAL SINGH – DIN 08968179
    • PRITPAL SINGH DANG – DIN 08126286

These persons have been treated as officers in default for the relevant period of non-compliance and have been individually penalised.

General penalty under Section 450

The adjudication is based on the residuary penalty provision in Section 450 of the Companies Act, 2013. This section applies where:

  • A company, any officer, or any other person violates:
    • any provision of the Act, or
    • any rule made under the Act, or
    • any condition/restriction attached to an approval, sanction, consent, confirmation, recognition, direction or exemption;
  • and no specific penalty or punishment is prescribed elsewhere in the Act.

In such cases, the law provides that:

the company and every officer of the company who is in default or such other person shall be liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention 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 or any other person.

Accordingly, the Adjudicating Officer has proceeded to compute penalty for a continuing contravention.

PAS-6 requirement under Rule 9A

Under sub-rule 8 of Rule 9A of the Companies (Prospectus and Allotment of Securities) Rules, 2014, every applicable company must file:

  • “Reconciliation of Share Capital Audit Report” in e-Form PAS-6
  • For each half-year
  • Within sixty days from the conclusion of the respective half-year.

For the half-year ended 31.03.2020, the last date to file PAS-6 was 31.05.2020.

Non-filing within this period constitutes a violation of Rule 9A(8), attracting penalty under Section 450 because no separate, specific penalty is prescribed for this default.