The Registrar of Companies, Kanpur, exercising powers under Section 454 of the Companies Act, 2013, imposed penalties for violation of Section 12(1), attracting penal consequences under Section 12(8). An inquiry initiated under Section 206(5) revealed that official correspondence sent to the company’s registered office was returned undelivered, establishing that the company failed to maintain a functional registered office capable of receiving statutory communications. This lapse was documented in the Inquiry Report, following which competent authorities directed initiation of penal action. Despite issuance of a show cause notice, neither the company nor its officers responded or sought a hearing. The Adjudicating Officer held that the continuing default warranted imposition of the maximum permissible penalty under Section 12(8). Accordingly, a penalty of ₹1,00,000 was levied on the company and ₹1,00,000 each on the officers in default, payable personally, along with directions to rectify the default within the prescribed timeline. The order reinforces that maintaining an effective registered office is a fundamental compliance obligation under company law.
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/01422 Dated: 22/01/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 12(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 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 any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees
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 ? This office had issued a letter to the company vide letter no. TC/TECH/NIDH1/Pranam Indian 998 to 2001 dated 02.11.2020. The letter of the company was retuned undelivered. Hence, it is a violation of Section 12(1) read with penal action under Section 12(8) of the Companies Act, 2013 may be initiated against the Company and its officers in default for violation of Section 12(1) of the Companies Act, 2013. 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 non-compliance of section 12 (1)of Companies Act, 2013.
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 04.06.2025 to the company and its officer-in-default as the Company and its Directors have failed to comply with the provision of Section 12(1) of the Companies Act, 2013, in maintaining registered office of the Company, thereby attracting the penal provisions mentioned under Section 12(8) of the Act.
More than 30 days have expired from issue of Show Cause Notice, 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 applicable as mentioned below is being imposed upon the company as well as its officer-in default as per Section 12 (8) 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 | PRANAM INDIA NIDHI LIMITED having CIN as U65991UP2014P LC067506 | 100000 | 0 | 100000 | |
| 2 | AWADHESH KUMAR JAISWAL having DIN as 00447341 | 100000 | 0 | 100000 | |
| 3 | SUNIL KUMAR GUPTA having DIN as 01936421 | 100000 | 0 | 100000 | |
| 4 | SUNIL KUMAR JAISWAL having DIN as 06755485 | 100000 | 0 | 100000 |
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
