The Registrar of Companies (ROC), Ahmedabad, issued an adjudication order under Section 454 of the Companies Act, 2013 against Om Yash Projects Limited and its Managing Director, Hirenkumar Lavjibhai Kanani, for violation of Section 12(8) of the Act. The adjudicating authority was appointed by the Ministry of Corporate Affairs through Gazette Notification S.O. 831(E) dated 24 March 2015 for the purpose of determining penalties under the Companies Act and the Companies (Adjudication of Penalties) Rules, 2014. The matter originated from a suo-motu adjudication application filed by the company and the Managing Director through Form GNL-1 on 10 September 2025. During the company’s internal due diligence and secretarial audit, it was identified that, for the financial years 2017–18 to 2021–22, the company had not complied with Section 12(3)(c) of the Act, as it failed to mention proper registered office details on its letterheads as mandated. This lapse constituted a violation attracting the penal provisions of Section 12(8), which imposes a penalty of ₹1,000 per day for continuing default, subject to a maximum of ₹1,00,000 for both the company and the officers in default.
After reviewing the suo-motu submission and the relevant compliance requirements, the ROC concluded that the company and its Managing Director were in default for the specified period and were therefore liable for penalties as prescribed. By applying the statutory framework, the adjudicating officer imposed the maximum penalty of ₹1,00,000 each on Om Yash Projects Limited and on Hirenkumar Lavjibhai Kanani. No additional daily penalty was applied in this case, and the order records only the base penalty. The order further directs the company and the individual to rectify the non-compliance, if not already rectified, and to pay the penalty within 90 days from receipt of the order. Payment must be made through the Ministry of Corporate Affairs’ e-Adjudication portal using the respective login credentials. Additionally, the Managing Director is required to pay the imposed penalty from personal funds. The order emphasises that the officers in default must upload the proof of payment, such as the paid challan or SRN, on the portal after remittance.
The adjudication order also outlines the process for appeal under Section 454(5) and Section 454(6) of the Act. Any appeal must be filed within 60 days from the date of receipt of the order before the Regional Director, Ahmedabad, in Form ADJ along with a certified copy of the adjudication order. The order concludes by noting that failure to pay the penalty within the prescribed period may attract further penal consequences under Section 454(8) of the Companies Act, 2013. The adjudication thus records the non-compliance, acknowledges the suo-motu application by the company, and formalises the statutory penalties imposed for violation of Section 12(8).
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Ahmedabad
Registrar Of Companies, ROC Bhavan , Opp Rupal Park Society, Behind Ankur Bus Stop, Naranpura, Ahmedabad, Gujarat, India, 380013
Phone: 079-27438531, E-mail: roc.ahmedabad@mca.gov.in
Order ID: PO/ADJ/11-2025/AD/00858 | Dated: 18/11/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 12(8) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide itsGazette 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, 2014for adjudging penalties under the provisions of this Act.
B. Company details:
In the matter relating to OM YASH PROJECTS LIMITED [herein after known as Company] bearing CIN U74999GJ2017PLC096601, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at OFFICE NO.1113, 11TH FLOOR AARON SPECTRA, RAJPATH RANGOLI ROAD, B/H RAJPATH CLUB, BODAKDEV NA AHMEDABAD AHMEDABAD GUJARAT INDIA 380054
Individual details:
In the matter relating to HIRENKUMAR LAVJIBHAI KANANI
C. Provisions of the Act:
If any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee – The company has filed GNL-1 vide SRN AB6673163 dated 10.09.2025 in the matter of Suo moto adjudication application made by M/s. Om Yash Projects Limited and Mr. Hirenkumar Lavjibahi Kanani, Managing Director only. As per Suo moto adjudication application clause 7 regarding facts of case the company has stated that during internal due diligence and secretarial audit of the records of the company, it was pointed out that the company has not complied with the provisions of section 12 during the period 2017-18 to 2021-22. It was observed that the company has failed to mention proper details on letterhead of the company as required under the provisions of section 12 of the Companies Act, 2013. Hence, the company has violated Section 12 (3) (c) of the Companies Act, 2013 during the financial year 2017-18 to 2021-22 the penal provisions of section 12(8) of the Companies Act, 2013.
2. Suo-moto adjudication application filed by company and Hirenkumar L Kanani, Managing Director only.
E. Order:
1. As per the applicable provisions of the act.
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 | OM YASH PROJECTS LIMITED having CIN as U74999GJ2017P LC096601 | 100000 | 0 | 100000 | |
| 2 | HIRENKUMAR LAVJIBHAI KANANI having DIN as 06488039 | 100000 | 0 | 100000 |
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.
Keerthi Narayana,
Registrar of Companie
ROC Ahmedabad
