The Registrar of Companies, Vijayawada, issued an adjudication order under Section 454 of the Companies Act, 2013, imposing penalties for non-compliance with Section 172 regarding timely filing of Form DIR-12. Vijay Nirman Company Pvt. Ltd. delayed the filing of DIR-12 for a director’s resignation by 153 days, submitting it on 06/06/2022 against the statutory 30-day timeline. Following inspection under Section 206(5) and issuance of a show-cause notice, the company clarified that the Managing Director, authorized via AGM resolution, was responsible for filing the form. Consequently, the MD, Ajay Kumar Veeramachaneni, was held the officer in default and levied a penalty of ₹1,00,000. The company was also penalized ₹1,26,500, while other directors/officers faced potential penalties up to ₹1,00,000 each. The order directs all defaulting officers and the company to rectify the default, pay penalties via the MCA e-Adjudication portal within 90 days, and provides the option to appeal to the Regional Director, Hyderabad within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Vijayawada
Registrar of Companies, 29-7-33, First Floor, Vishnuvardhanarao Street,Suryaraopet, Vijayawada, Andhra Pradesh, India, 520002
Phone: 0866-2432347
E-mail: roc.vijayawada@mca.gov.in
Order ID: PO/ADJ/12-2025/VW/01113 Dated: 10/12/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 172 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 VIJAY NIRMAN COMPANY PRIVATE LIMITED [herein after known as Company] bearing CIN U45200AP2005PTC047097, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at D.NO. 11-9-16 DASAPALLA HILLS NA VISAKHAPATNAM ANDHRA PRADESH INDIA 530003
Individual details:
In the matter relating to VIJAYA KUMAR SURAPANENI ——
In the matter relating to VENKATAVISHNU ANNE VARAPRASAD ——
In the matter relating to AJAY KUMAR VEERAMACHANENI ———
In the matter relating to SURABHI DUDHERIA ——–
In the matter relating to VENKATA YALAMANCHILI RAMANA ——-
C. Provisions of the Act:
If a company is in default in complying with any of the provisions of this Chapter and for which no specific penalty or punishment is provided therein, the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The company ordered for inspection under section 206(5) of the Companies Act,2013 and the IO has identified violation under section 168 read with 172 of the Companies Act,2013 as Director of the company Sri Muttuluri Narasimhappa ceased from the directorship dated on 06.12.2021 and the company defaulted in filing the form No. DIR-12 within 30 days and the company filed the form DIR-12 on 06.06.2022.Hence penalty u/s 172 can be imposed.
2. As per the Inspection report the IO has pointed out the violation under section 172 of the Companies Act,2013. This office has issued SCN on 05.08.2025 and subsequently e-hearing was conducted on 23.09.2025 and attended the Authorised Representative of Sri M. Karunakar Reddy, Practicing Company Secretary and submitted the explanation letter dated 13.10.2025 along with Annual General Meeting dated 06.12.2021 passed by the company on 06.12.2021 authorising Managing Director Sri Ajay Kumar Veeramachaneni to file the form for resignation of Sri Muttuluri Narasimhappa (DIN 03319847) Director of the company.
As per section 2(60) (i) “officer in default “includes the whole time director.
This means if a whole time director was in office at the time of default. the whole time director is automatically treated has an officer in default.
further the company vide its AGM resolution dated 06/12/2021 has authorised Sri Ajay Kumar Veeramachaneni who is MD to file the e form DIR-12 with Registrar of companies vijayawada.
In view of the above it is opined that Sri Ajay Kumar Veeramachaneni is only responsible as the defaulting officer and accordingly, penalty levied on him.
E. Order:
1. The company defaulted in filing DIR-12 within 30days to the ROC and filed on 06/06/2022. there is delay of 153 days. Hence penalty u/s172 was imposed
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 | VIJAY NIRMAN COMPANY PRIVATE LIMITED having CIN as U45200AP2005P TC047097 | 126500 | 0 | 300000 | |
| 2 | VIJAYA KUMAR SURAPANENI having DIN as 00087623 | 0 | 0 | 100000 | |
| 3 | VENKATAVISHN U ANNE VARAPRASAD having DIN as 00466618 | 0 | 0 | 100000 | |
| 4 | AJAY KUMAR VEERAMACHAN ENI having DIN as 01797519 | 100000 | 0 | 100000 | |
| 5 | SURABHI DUDHERIA having PAN as BWEPD2505C | 0 | 0 | 100000 | |
| 6 | VENKATA YALAMANCHILI RAMANA having DIN as 00470279 | 0 | 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 Hyderabad 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.
M.Varaprasad Rao,
Registrar of Companies
ROC Vijayawada
