The Registrar of Companies initiated adjudication under Section 454 of the Companies Act, 2013 based on a suo-motu application filed by a director for incorrect filing of Form AOC-4 for FY 2024–25. The error arose from selecting an incorrect response regarding subsidiary status in the e-form, which was digitally signed and approved under the straight-through process. Under Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014, the authorized signatory is responsible for the correctness of e-form contents and attachments. After issuing a show cause notice and granting an opportunity of hearing, the authority held that the incorrect certification constituted a default. The liability was fixed on the director, not the company. Considering the facts, a penalty of ₹10,000 was imposed under Section 450. The order clarified that rectification should not alter the financial statements already adopted and that the proceedings are limited to correction of the e-form error.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Mumbai I
100, Everest, Marine Drive, Mumbai, Maharashtra, India, 400002
Phone: 022-22812627
E-mail: roc.mumbai@mca.gov.in
Order ID: PO/ADJ/04-2026/MH/02058 | Dated: 24/04/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 450 OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 698(E) dated 10/02/2026 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 SHIKSHAVIKAS FOUNDATION [herein after known as Company] bearing CIN U85499MH2024NPL421136, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 9TH FLOOR MAKER CHAMBER IV 222 NARIMAN POINT MUMBAI MUMBAI MAHARASHTRA INDIA 400021
Individual details:
In the matter relating to ANKUR ASHOK GAJJARIA_______________
C. Provisions of the Act:
If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be 1[liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default or any other person]
D. Facts about the case:
1. Default committed by the officers in default/noticee – Whereas the Registrar of Companies, Mumbai -I (hereinafter referred to as the ROC, Mumbai I) is in receipt of a suo-motu Adjudication Application on 04.03.2026 filed by Mr. Ankur Gajjaria, Director (DIN: 10544569) (hereinafter referred to as the Applicant) under Section 454 of the Companies Act, 2013 (hereinafter referred to as the Act) on account of incorrect filing of E-form AOC-4 for Financial Year 2024-25 (hereinafter referred to as FY 2024-25).
Whereas Rule 8(1) and (3) of the Companies (The Registration Office and Fees) Rules, 2014 are reads as follows:
(1) An electronic form shall be authenticated by authorised signatories using digital signature.
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(3) The authorised signatory and the professional, if any, who certify e-form shall be responsible for the correctness of the contents of e-form and correctness of the enclosures attached with the electronic form.
Whereas the applicants stated that the Company had filed form AOC-4 for the F.Y. 2024-25 vide SRN AB9800309 on 19.12.2025. While filing the said E-form the applicant at point 8(a) of the said form inadverenlty selected No under the field Whether the company is a subsidiary company as defined under clause (87) of Section 2 . The said form was digitally signed, and declaration made by Mr. Ankur Gajjaria, Director (DIN: 10544569).
Whereas the authorized signatory, who certifies e-form shall be responsible for the correctness of the contents of e-form and correctness of the enclosures attached with the electronic form as required under the proviso of Rule 8(3) of Companies (The Registration Office and Fees) Rules, 2014. Thus, Mr. Ankur Gajjaria, Director (DIN: 10544569) is liable to penalty subject to the provisions Section 450 of the Companies Act, 2013.
2. The Noticee requested for an E- hearing. Acceding to the request, an opportunity of being heard was granted to him by the Adjudicating Officer under the provisions of Section 454(4) of the Act on 22.04.2026
E.Order:
1. A. Show Cause notice bearing ID: SCN/ADJ/03-2026/MH/03921dated 09.03.2026 was issued to the Officer in default viz. Mr. Ankur Gajjaria, Director (DIN: 10544569) (hereinafter referred to as the Noticee) under Section 454 read with Section 450 of the Act for default under Rule 8(1) and Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 of the Act on account of incorrect filing of E-form AOC-4 for FY 2024-25.
B. A reply of the noticee to the said Show Cause Notice was received on the E-adjudication portal on 20.03.2026.
C. The Noticee requested for an E- hearing. Acceding to the request, an opportunity of being heard was granted to him by the Adjudicating Officer under the provisions of Section 454(4) of the Act on 22.04.2026 at 03:00 PM (IST). In this regard, a notice bearing ID: EH/ADJ/04-2026/MH/01470 dated 17.04.2026 was issued.
D. The E-hearing was attended by Mr. Rohit Shah along with Mr. Ankur Gajjaria, Director (DIN: 10544569) they reiterated the written reply. During the E-hearing Adjudicating officer has clarified that penalty shall be levied on defaulting director and not on the Company, to which the defaulting director submitted that he does not get any remuneration and therefore, a lenient view may be taken.
E. On perusal of the Application and considering the facts, it is observed that the Company filed E-Form AOC-4 vide SRN AB9800309 on 19.12.2025. While filing the said E-form the applicant at point 8(a) of the said form inadvertently selected No under the field Whether the company is a subsidiary company as defined under clause (87) of Section 2. The said form got auto approved under Straight through Process (STP) mode. Certification of E-form which was in AOC-4 resulted in contravention of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 of the Act.
F. The Rule 8(1) and Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 of the Act reads as under: 1.An electronic form shall be authenticated by authorised signatories using digital signature.
3. The authorized signatory and the professional, if any, who certify e-form shall be responsible for the correctness of the contents of e-form and correctness of the enclosures attached with the electronic form.
G. Further, the aforementioned E-form AOC-4 was digitally signed, and Declaration was given by Mr. Ankur Gajjaria, Director (DIN: 10544569). Thus, he is liable for a penalty under Section 450 of the Act for default under Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 of the Act.
H. The period of default is considered to be the date of filing Form AOC-4 that is 19.12.2025. Therefore, the officer in default namely Mr. Ankur Gajjaria, Director (DIN: 10544569) shall be liable to a penalty of Rs. 10,000/- (Rupees Ten Thousand Only). The Company does not fall under proviso of Section 2(85) of the Act.
I. Now, in exercise of the powers conferred on the Adjudicating Officer vide Notification dated 24th March 2015, I hereby impose a penalty of Rs. 10,000/- (Rupees Ten Thousand only) on Mr. Ankur Gajjaria, Director (DIN: 10544569) under Section 450 of the Act for default under Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014.
J. It is hereby clarified that while filing new Form AOC-4, the Company shall not cause any change in financial statement and enclosures thereof as adopted by the Shareholders in General meeting which was filed in E-Form AOC-4 vide SRN AB9800309 on 19.12.2025.
K. Further, it is also clarified that order is limited to rectifying the mistake in E-form AOC-4 XBRL and it shall have no consequence except rectification of E-form AOC-4.
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 | ANKUR ASHOK GAJJARIA having DIN as 10544569 | NA | 10000 | 0 | 50000 |
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 Mumbai 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.
Chandan Kumar,
Registrar of Companies
ROC Mumbai I
