The Registrar of Companies, Kanpur, exercising adjudicatory powers under section 454 of the Companies Act, 2013, imposed penalties for violation of section 137(1) read with section 137(3) due to non-filing of financial statements. An inspection conducted under section 206(5) revealed that the company had failed to file its financial statements in Form AOC-4 for several financial years, with the present adjudication confined to the financial year ending 31 March 2016, pursuant to directions issued by the competent authority. Despite issuance of a show cause notice, neither the company nor its directors submitted any reply or sought a personal hearing. The Adjudicating Officer held that the failure constituted a continuing statutory default attracting penal consequences. Accordingly, the maximum penalty of ₹2,00,000 was imposed on the company, and ₹50,000 each on four directors as officers in default. The order reiterates strict enforcement of annual filing requirements and mandates rectification and timely payment of penalties.
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/12-2025/KN/01254 |Dated: 18/12/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 137(3) 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 KARMBHOOMI INFRATECH REALITY LIMITED [herein after known as Company] bearing CIN U70102UP2013PLC056094, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at FLAT NO. 412-C, ASHOKA HEIGHTS, GANESHRA ROAD, NH-2, MATHURA (U.P.) NA MATHURA MATHURA UTTAR PRADESH INDIA 281001
Individual details:
In the matter relating to MANOJ KUMAR SENGAR ___________________
In the matter relating to DEVENDRA PAL SINGH ___________________
In the matter relating to SARDAR SINGH ___________________
In the matter relating to MAHIPAL SINGH ___________________
C. Provisions of the Act:
(3) If a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may be, before the expiry of the period specified therein, the company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees, and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – RDNR vide letter dated 24.09.2021 directed to conduct the inspection u/s. 206(5) of the Companies Act, 2013. During the Couse of Inspection, Inspecting Officer has observed/pointed out that ?It has been observed from the MCA21 Registry that the Company has not filed the Financial Statements in Form AOC-4 for the financial year ending 31.03.2015, 31.03.2016, 31.03.2017, 31.03.2018, 31.03.2019, 31.03.2020 and 31.03.2021 Therefore, it is non-compliance of Section 137(1) of the Companies Act, 2013. The penal action u/s 137 (3) to be initiated for non-compliance of Section 137(1) of the Companies Act, 2013 for the financial year ending 31.03.2015, 31.03.2016, 31.03.2017, 31.03.2018, 31.03.2019, 31.03.2020 and 31.03.2021.? The said violation was reported by the Inspecting Officer in his report dated 22.11.2022. Accordingly, the office of DGCoA vide its File No. CL-II-01/221/2023-O/o DGCoA-MCA dated 07.08.2024 directed this office to take necessary action for non-compliance of Section 137(1) of the Companies Act, 2013 for the financial year ending 31.03.2016.
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 23.10.2025 to the company and its officer-in-default for not filing the Financial Statements for the year ending as at 31.03.2016 as required under section 137(1) of the Companies Act 2013. More than 30 days have expired, 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 mentioned below is being imposed upon the company as well as its officer-in default under section 137(3) 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 | KARMBHOOMI INFRATECH REALITY LIMITED having CIN as U70102UP2013P LC056094 | 200000 | 0 | 200000 | |
| 2 | MANOJ KUMAR SENGAR having DIN as 03031042 |
50000 | 0 | 50000 | |
| 3 | DEVENDRA PAL SINGH having DIN as 01832091 | 50000 | 0 | 50000 | |
| 4 | SARDAR SINGH having DIN as
02477583 |
50000 | 0 | 50000 | |
| 5 | MAHIPAL SINGH having DIN as
05308568 |
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 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
