The Registrar of Companies (ROC), Uttar Pradesh, imposed penalties under Section 454 read with Section 134(8) of the Companies Act, 2013 against Kanchal Farm Land Private Limited and its officers for non-compliance with Section 134(3)(f) relating to the Board’s Report. The inquiry under Section 206(4) revealed that the directors failed to provide comments or explanations regarding qualifications made by the statutory auditor in the Independent Auditor’s Report for the financial year ending 31 March 2021. Based on the inquiry report and directions issued by the Directorate and Ministry of Corporate Affairs, show cause notices were issued and hearings were scheduled. However, neither the company nor its officers appeared during the hearings. ROC observed that certain directors were not associated with the company during the period of default, but penalties were imposed on the company and identified officers in default. A penalty of ₹3 lakh was imposed on the company and ₹50,000 each on the officers concerned.
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/05-2026/UP/02140 Dated: 14/05/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 134(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 KANCHAL FARM LAND PRIVATE LIMITED [herein after known as Company] bearing CIN U70102UP2012PTC051969, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 3RD FLOOR, A- BLOCK SURAJDEEP COMPLEX 1-JOPLING ROAD NA LUCKNOW UTTAR PRADESH INDIA 226001
Individual details:
In the matter relating to AMIT KANCHHAL ——–
In the matter relating to SACHIN KANCHHAL ——
In the matter relating to SATYAJEET SINGH ——
In the matter relating to RAHUL AWASTHI ——
In the matter relating to APARNA AGARWAL —–
C. Provisions of the Act:
(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee – The Ministry vide its letter no. F.No. CL-II-07/477/2021-O/o DGCoA-MCA dated 13.01.2022 and the Directorate vide its letter no. RDNR/COMP/UP/KANCHAL FARM LAND/2021/2933 dated 02.02.2022 directed to conduct the Inquiry u/s 206(4) of the Companies Act 2013, against the said company and submit a report. During the Couse of Inquiry, Inquiring Officer has observed/pointed out that ?The reply of the Company is not tenable as the Directors have not offered any comments or explanations on the Qualifications expressed by the Statutory Auditor in his Independent Auditor’s Report for the financial year ending 31st March 2020 and 31st March 2021. Hence, there is a violation of Section 134(3) (f) of the Companies Act, 2013. The penal action as contemplated under Section 134(8) of the Companies Act, 2013 to be initiated against the Company and its officers in default for the financial year ending 31st March 2020 and 31st March 2021 for violation of Section 134(3) (f) of the Companies Act, 2013?. The said violation was reported by the Inquiring Officer in his report dated 29.04.2022. Accordingly, the office of DGCoA vide its File No. CL-II-04/88/2024-O/o DGCoA-MCA dated 13.12.2024 directed this office to take necessary action for non-compliance/violation of section 134(3)(f) of the Companies Act, 2013 for the financial year 31.03.2021.
2. Since e hearing was scheduled in all other cases of the said Company.
E. Order:
1. During the Couse of Inquiry, IO has observed/pointed out that the Directors have not offered any comments or explanations on the Qualifications expressed by the Statutory Auditor in his Independent Auditor’s Report for the financial year ending 31st March 2021 which is violation of Section 134(3) (f) of the Companies Act, 2013. Therefore, Show Cause Notice was issued for seeking reason as to why the penal action as contemplated under Section 134(8) of the Companies Act, 2013 may not be initiated against the Company and its officers in default for the financial year ending 31st March 2021 for violation of Section 134(3) (f) of the Companies Act, 2013.
Subsequently hearing was granted to the Company on 24.04.2026 and 12.05.2026, however the company and its officer-in default have not joined the hearing themselves or through their representative. Mr. SATYAJEET SINGH having DIN as 02804711 has been appointed as director with effect from 31.01.2025, Shri Rahul Awasthi having DIN as 10923226 has been appointed as director with effect from 31.01.2025, and Shri SACHIN KANCHHAL having DIN as 01334397 has been appointed as director on 14.08.2012 and resigned on 19.03.2015 and again appointed on 12.04.2019 and resigned on 28.06.2021 and again appointed on 20.07.2022 who were not associated with the Company at the time of non-compliance. Same was verified from document filed by the Company on MCA 21 registry. The turnover of the company for the FY ending 31.03.2021 was Rs 21,00,000/- and share capital of the company was Rs 1,00,000/. Shri Ramesh Kumar Pal (AROC) was also present.
The penalty as applicable as mentioned below is being imposed upon the company as well as its officer-in default as per Section 134 (8) of the Companies Act, 2013 for violation of section 134(3) (f) of the Companies Act, 2013 for the financial year ending 31st March 2021.
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 | KANCHAL FARM LAND PRIVATE LIMITED having CIN as U70102UP2012P TC051969 | 300000 | 0 | 300000 | |
| 2 | AMIT KANCHHAL having DIN as 01147459 |
50000 | 0 | 50000 | |
| 3 | SACHIN KANCHHAL having DIN as 01334397 |
50000 | 0 | 50000 | |
| 4 | SATYAJEET SINGH having DIN as 02804711 | 50000 | 0 | 50000 | |
| 5 | RAHUL
AWASTHI having DIN as 10923226 |
50000 | 0 | 50000 | |
| 6 | APARNA AGARWAL having DIN as 06626227 |
50000 | 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 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
