The Registrar of Companies, Uttar Pradesh, initiated adjudication proceedings under Section 454 of the Companies Act, 2013 for violation of Section 158, which requires directors to mention their Director Identification Number (DIN) in financial statements. The inquiry revealed that, for the financial year 2019–20, directors of the company failed to disclose their DIN while signing the balance sheet. A show cause notice was issued, and during the hearing, it was clarified that certain directors were not associated with the company at the time of default. After verification of records, penalties were imposed under Section 172 on the company and officers in default. The company was penalised ₹3,00,000, while certain officers were penalised ₹1,00,000 each, with no penalty imposed on those not associated during the violation period. The order directed payment within 90 days and allowed appeal within 60 days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Uttar Pradesh I
2nd Floor, Kendriya Bhawan, GPOA Building, Fazalganj, Kanpur, Uttar Pradesh, India, 208012
Phone: 0512-2310443
E-mail: roc.kanpur@mca.gov.in
Order ID: PO/ADJ/04-2026/UP/02032 | Dated: 21/04/2026
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, 2014for adjudging penalties under the provisions of this Act.
B. Company details:
In the matter relating to KASHI GRAMIN VIKAS MUTUAL BENEFIT NIDHI LIMITED [herein after known as Company] bearing CIN U65923UP2016PLC077103, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at PLOT NO. 250, WORD NO. 5 , LOKMANYA TILAK NAGAR DAK BANGLA ROAD NA CHANDAULI UTTAR PRADESH INDIA 232104
Individual details:
In the matter relating to JAI SHANKAR AGRAHARI________________________________________
In the matter relating to . BANARASI________________________________________
In the matter relating to PAVAN KUMAR CHAUBEY________________________________________
In the matter relating to PETER DAMIEN________________________________________
In the matter relating to RAJ KUMAR PANKAJ ________________________________________
In the matter relating to MAHENDRA NATH PANKAJ________________________________________
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 SCA of MCA vide its minutes dated 10.04.2020 directed to conduct the inquiry u/s. 206(4) of the Companies Act, 2013. During the Couse of Inquiry, Inquiring Officer has observed/pointed out that ? It has been observed from the financial statements filed by the Company for the financial year 2016-17 to 2019-20 that the Directors have not mentioned their DIN under the signatures. Hence, there is violation of Section 158 of the Companies Act, 2013. Penal action as contemplated under Section 172 of the Companies Act, 2013 may be initiated against the Company and its officers in default for violation of Section 158 of the Companies Act, 2013.? The said violation was reported by the Inquiring Officer in his report dated 30.03.2022. Accordingly, the office of RDNR vide its No. Inquiry/206(4)/Kashi Gramin Nidhi/RD (NR) /2022/3308 dated 10.06.2022 directed this office to take necessary action for violation of Section 158 of the Companies Act, 2013 for the financial year 31.03.2020.
2. E hearing scheduled on 25.03.2026
E. Order:
1. It has been observed from the financial statements filed by the Company for the financial year 2019-20 that the directors signing the balance sheet have not mentioned their DIN in the financial statements, which is non-compliance of Section 158 of the Companies Act, 2013. This office issued Show Cause Notice on 09.01.2026 to the company and its officer-in-default for violation of section 158 read with section 172 of the Companies Act 2013.
Mr. Jai Shankar Agrahari (03266735) appeared on behalf of the Company on 25.03.2026 through VC and submitted that Mr. Raj Kumar having DIN as 07467677 was appointed as director with effect from 11.03.2016 and ceased on 02.07.2020, Mr. Mahendra Nath Pankaj having DIN as 07467678 was appointed as director with effect from 11.03.2016 and ceased on 28.01.2020 and Mr. Peter Damien having DIN as 07467676 was appointed as director on 11.03.2016 and ceased on 26.10.2016, were not associated with the Company at the time of non-compliance. Same was verified from information of the Company available on the MCA 21 registry. Shri Ramesh Kumar Pal (AROC) was also present during the hearing. In the said circumstances, penalty as applicable is being imposed upon the company and every officer of the Company who is in default as per Section 172 of the Companies Act, 2013 for violation of Section 158 of the Companies Act 2013 for FY 31.03.2020.
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 | KASHI GRAMIN VIKAS MUTUAL BENEFIT NIDHI LIMITED having CIN as U65923UP2016P LC077103 | 300000 | 0 | 300000 | |
| 2 | JAI SHANKAR AGRAHARI having DIN as 03266735 | 100000 | 0 | 100000 | |
| 3 | . BANARASI having DIN as08671111 |
100000 | 0 | 100000 | |
| 4 | PAVAN KUMAR CHAUBEY having DIN as 08671116 | 100000 | 0 | 100000 | |
| 5 | PETER DAMIEN having DIN as
07467676 |
0 | 0 | 100000 | |
| 6 | RAJ KUMAR PANKAJ having DIN as 07467677 | 0 | 0 | 100000 | |
| 7 | MAHENDRA NATH PANKAJ having DIN as 07467678 | 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 Delhi 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
