The Registrar of Companies, Mumbai imposed a penalty of ₹10,000 on the Managing Director of a public company for filing incorrect details in Form DIR-12 relating to the appointment of a Company Secretary. The adjudication proceedings were initiated under Section 454 read with Section 450 of the Companies Act, 2013 after the company voluntarily disclosed that the membership number of the newly appointed Company Secretary was wrongly entered due to an inadvertent clerical error. The ROC observed that under Rule 8(1) and Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014, the authorized signatory certifying the e-form is responsible for ensuring correctness of all contents and attachments. Since the form was digitally signed and auto-approved under the Straight Through Process mechanism, the Managing Director was held liable for the default. The ROC clarified that the order was limited only to rectification of the error without any further legal consequence.
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/05-2026/MH/02100 | Dated: 07/05/2026
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 KISAN MOULDINGS LIMITED [herein after known as Company] bearing CIN L17120MH1989PLC054305, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at TEX CENTRE K WING 3RD FLOOR26-A CHANDIVILI ROAD NR HDFC BANK ANDHERI E NA MUMBAI MAHARASHTRA INDIA 400072
Individual details:
In the matter relating to SANJEEV AMARNATH AGGARWAL
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 24.03.2026 filed by Mr. Sanjeev Amarnath Aggarwal, Chairman and Managing Director (DIN: 00064076) (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 DIR-12 vide SRN AB6318628 on 30.08.2025 for cessation of earstwhile Company Secretary and appointment of Ms. Falak Mody as a new Company Secretary.
2. 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 DIR-12 for cessation of earstwhile Company Secretary and appointment of Ms. Falak Mody as a new Company Secretary vide SRN AB6318628 on 30.08.2025. The Applicant stated that the due to inadvertent and clerical error, the membership number of newly appointed Company Secretary was mentioned 68241 instead of 68214. The said form was digitally signed, and declaration made by Mr. Sanjeev Amarnath Aggarwal, Chairman and Managing Director (DIN: 00064076).
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. Sanjeev Amarnath Aggarwal, Chairman and Managing Director (DIN: 00064076) is liable to penalty subject to the provisions Section 450 of the Companies Act, 2013.
2. The Noticee did not request for an E- hearing and the Adjudicating officer is also of the view that no E-hearing is required in the instant case.
E. Order:
1. A. Show Cause notice bearing ID: SCN/ADJ/04-2026/MH/04180 dated 17.04.2026 was issued to the Company and its Officers in default (hereinafter referred to as the Noticees) 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 entering incorrect membership number of newly appointed Company secretary in E-form DIR-12 filed vide SRN AB6318628 on 30.08.2025.
B. A reply on behalf of noticee to the said Show Cause Notice was received on the E-adjudication portal on 17.04.2026.
C. The Noticee did not request for an E- hearing and the Adjudicating officer is also of the view that no E-hearing is required in the instant case.
D. On perusal of the Application and considering the facts, it is observed that the Company filed E-Form DIR-12 vide SRN AB6318628 on 30.08.2025 to record the appointment of Ms. Falak Mody as a new Company Secretary. The noticee stated that due to inadvertent and clerical error, the membership number of newly appointed Company Secretary was mentioned 68241 instead of 68214. The said form was got auto approved under Straight through Process (STP) mode in contravention of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 of the Act.
E. 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.
2. 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.
F. Further, the aforementioned E-form DIR-12 was digitally signed, and Declaration was given by Mr. Sanjeev Amarnath Aggarwal, Chairman and Managing Director (DIN: 00064076). Thus, he is liable for 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.
G. The period of default is considered to be the date of filing Form DIR-12 i.e. 30.08.2025. Therefore, the Company and officer in default namely Mr. Sanjeev Amarnath Aggarwal, Chairman and Managing Director (DIN: 00064076) shall be liable to a penalty of Rs. 10,000/- (Ten Thousand Only). Being Public Limited Company, it does not fall under definition of a Small Company under provisions of Section 2(85) of the Act. Thus, the provisions of Section 446B of the Act is not applicable in the instant case.
H. 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. Sanjeev Amarnath Aggarwal, Chairman and Managing Director (DIN: 00064076) under Section 450 of the Act for default under Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014.
I. It is hereby clarified that while filing new Form DIR-12, the Company shall not cause any change in its earlier attachment which was filed in E-form DIR-12 vide SRN AB6318628 on 30.08.2025.
J. Further, it is also clarified that order is limited to rectifying the mistake in E-form DIR-12 and it shall have no consequence except rectification of E-form DIR-12.
2. The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person | Rectification of | Penalty Amount | Additional Penalty | Maximum limit for |
| on whom penalty imposed (B) | Default required (C) | (D) | (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Penalty (F) | |
| 1
|
SANJEEV AMARNATH AGGARWAL having DIN as 00064076 |
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
