ROC Coimbatore Penalises Eswari Global Metal Industries Limited for Non-Compliance Under Section 203 of the Companies Act, 2013
Background and Overview
The Registrar of Companies, Coimbatore, exercising adjudicatory powers under Section 454 of the Companies Act, 2013, passed an adjudication order dated 15th July 2026 against Eswari Global Metal Industries Limited (CIN: U24203TZ2013PLC037046) for contravening the mandatory requirement of appointing a Whole-Time Company Secretary as prescribed under Section 203 of the Companies Act, 2013 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014.
The Ministry of Corporate Affairs had designated the undersigned as the Adjudicating Officer vide Gazette Notification No. S.O. 698(E) dated 10.02.2026, conferring authority to adjudge penalties under the Act read with the Companies (Adjudication of Penalties) Rules, 2014.
Company and Individual Details
Company Involved:
- Name: Eswari Global Metal Industries Limited
- CIN: U24203TZ2013PLC037046
- Registered Office: 4/1, A.K.S. Nagar, 3rd Street, Ponnaiyarajapuram, Coimbatore South, Coimbatore, Tamil Nadu – 641001
Individuals Involved:
- Mr. Sabarinathan Anbalagan – DIN: 02587384
- Mr. Chandrasekaran Prasath – DIN: 02587396
- Mr. Chandrasekaran Bharanikumar – DIN: 02606323
Relevant Legal Framework
Section 203(5) of the Companies Act, 2013
The penal provision governing non-compliance with the requirement of appointing Key Managerial Personnel reads as follows:
If any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees.
Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014
Rule 8A mandated that companies having a paid-up share capital of ₹5 crore or more were obligated to appoint a Whole-Time Company Secretary. This threshold was subsequently revised upward to ₹10 crore or more through the Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2020, which came into effect from 01.04.2020.
Chronology of Default
Understanding the timeline of events is essential to appreciate the nature and extent of the default: