Follow Us:

The Registrar of Companies, Kanpur passed an adjudication order under Section 454 of the Companies Act, 2013 imposing penalties for violation of Section 12(3)(a), read with Section 12(8), relating to maintenance and display of the registered office address. The proceedings arose from a suo-motu examination of Nidhi Companies following directions issued at the Ministry level, during which the Inquiry Officer found that the address displayed on the registered office board, as evidenced through Form INC-22A photographs, was incomplete. This was treated as a continuing statutory default attributable to the company and its directors, who were classified as “officers in default” under Section 2(60). Despite issuance of a show cause notice, no reply or request for hearing was received. In the absence of any explanation or rectification, the Adjudicating Officer imposed the maximum penalty of ₹1,00,000 each on the company and on each defaulting director. Directions were issued for rectification, payment through the MCA e-Adjudication portal within 90 days, and information on appellate remedies and consequences of non-payment.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kanpur
Registrar of Companies, 37/17, Westcottt Buidling, The Mall, Kanpur, Uttar Pradesh, India, 208001
Phone: 0512-2310443,2310227,2310323
E-mail: roc.kanpur@mca.gov.in

Order ID: PO/ADJ/01-2026/KN/01359 | Dated: 16/01/2026

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 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 AMRUL INDIA NIDHI LIMITED [herein after known as Company] bearing CIN U65999UP2017PLC093507, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at IDGAH MASJID COMPOUND SAINTHA CHAURAHA,GAURIGANJ NA AMETHI SULTANPUR UTTAR PRADESH INDIA 227409

Individual details:

In the matter relating to SHAKIL AHMAD……….

In the matter relating to SARVARI BANO………..

In the matter relating to RIYAJ AHMAD………….

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 – Whereas one of the meetings where Regional Directors were directed to conduct an in-depth examination and submit a report on the surge of Nidhi Companies in Kanpur, Jaipur and Patna by the Secretary of Corporate Affairs vide minutes dated 10.04.2020. This being one of the Nidhi Company identified by ROC, Kanpur on suo-moto basis consequent upon the discussions in the ROC Review workshops with reference to Nidhi Companies. The Inquiry Officer (IO) has observed that the photographs attached with form InC-22A filed the company contains incomplete address I the board affixed on the registered office address. Hence there is violation of section 12(3) (a) of the Companies Act, 2013. Accordingly, the Inquiry officer has reported the said violation in the Inquiry Report dated 09.06.2022. The O/o DGCoA vide letter CL-II-4/266/2023 O/o DGCoA MCA dated 10.11.2023 has directed to take the penal action for said non-compliance. Thus, it is evident that the company and its Directors have failed to comply with the provisions of section 12(3) (a) of the Companies Act, 2013, thereby attracting the penal provisions mentioned under Section 12(8) of the Act. The Company and its Directors are officers in default, as per section 2(60), of the Companies Act, 2013. And are thus liable for penal provisions.

2. Neither any response has been received from the company and its officers-in-default nor any request of hearing received in this regard

E. Order:

1. This office issued Show Cause Notice on 20.08.2025 to the company and its officer-in-default as the Company and its Directors have failed to comply with the provision of section 12 (3) (a) of the Companies Act 2013 as the IO observed that the form InC-22A filed the company contains incomplete address on the board affixed at the registered office address. More than 30 days have expired from issue of Show Cause Notice, no response has been received till date. The company and its officer-in default have also not requested for hearing. In the said circumstances, penalty as applicable as mentioned below is being imposed upon the company as well as its officer-in default as per Section 12 (8) of the Companies Act, 2013.

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 AMRUL INDIA NIDHI LIMITED having CIN as U65999UP2017P LC093507 100000 0 100000
2 SHAKIL AHMAD having DIN as

07818326

100000 0 100000
3 SARVARI BANO having DIN as

07818333

100000 0 100000
4 RIYAJ AHMAD having DIN as

08663580

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 Noida 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.

Sanjay Bose,
Registrar of Companies
ROC Kanpur

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Ads Free tax News and Updates
Search Post by Date
April 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
27282930