Follow Us:

 The Registrar of Companies, Kanpur passed an adjudication order on 23 January 2026 under Section 454 of the Companies Act, 2013, imposing penalties for violation of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, read with Section 450 of the Act. During an inquiry ordered under Section 206(5), it was observed from the MCA21 registry that the DINs of three directors were deactivated due to non-filing of DIR-3 KYC, constituting a statutory default. Despite issuance of a show cause notice on 24 June 2025, no response or request for personal hearing was received from the concerned officers. In the absence of any representation, the Adjudicating Officer proceeded ex parte and levied a penalty of ₹50,000 on each defaulting director, being the maximum permissible under Section 450 for officers in default. The order directs rectification of the default and payment of penalty through the MCA e-Adjudication portal within 90 days, with a right of appeal before the Regional Director.

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/01-2026/KN/01426 | Dated: 23/01/2026

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. 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 PRANAM INDIA NIDHI LIMITED [herein after known as Company] bearing CIN U65991UP2014PLC067506, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at SONBARSA BAZAR P.O.SONBARSA NA GORAKHPUR GORAKHPUR UTTAR PRADESH INDIA 273002

Individual details:

In the matter relating to AWADHESH KUMAR JAISWAL___________

In the matter relating to SUNIL KUMAR GUPTA___________

In the matter relating to SUNIL KUMAR JAISWAL___________

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 – The SCA of MCA vide its minutes dated 10.04.2020 directed to conduct the inquiry u/s. 206(5) of the Companies Act, 2013. During the Couse of Inquiry, Inquiring Officer has observed/pointed out that It has been observed from the MCA21 Registry that KYC status of the directors namely Mr. Sunil Kumar Gupta DIN 01936421, Mr. Awadhesh Kumar Jaiswal DIN is 00447341 and Mr. Sunil Kumar Jaiswal DIN 06755485 is deactivated due to non-filing of DIR-3 KYC. Hence, it is violation of Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014. The said violation was reported by the Inquiring Officer in his report dated 09.09.2022. Accordingly, the office of DGCoA vide its File No. CL-II-04/15/2024-O/o DGCoA-MCA dated 02.09.2024 and RDNR vide its No. Inquiry/206(4)/Pranam/RD (NR) /2022/1263 dated 18.05.2023 directed this office to take necessary action for non­compliance of section 12 A of Companies (Appointment and Qualification of Directors) Rules, 2014.

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 24.06.2025 to Mr. Sunil Kumar Gupta DIN 01936421, Mr. Awadhesh Kumar Jaiswal DIN is 00447341 and Mr. Sunil Kumar Jaiswal DIN 06755485 were deactivated due to non-filing of DIR-3 KYC which is non-compliance of Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014. More than 30 days have expired from issue of Show Cause Notice, no response has been received till date. Mr. Sunil Kumar Gupta DIN 01936421, Mr. Awadhesh Kumar Jaiswal DIN is 00447341 and Mr. Sunil Kumar Jaiswal DIN 06755485 have also not requested for hearing. In the said circumstances, penalty as applicable as mentioned below is being imposed as per Section 450 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 AWADHESH KUMAR JAISWAL having DIN as 00447341 50000 0 50000
2 SUNIL KUMAR GUPTA having DIN as 01936421 50000 0 50000
3 SUNIL KUMAR JAISWAL having DIN as 06755485 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

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Ads Free tax News and Updates
Search Post by Date
February 2026
M T W T F S S
 1
2345678
9101112131415
16171819202122
232425262728