The Registrar of Companies, Delhi, issued an adjudication order under Section 454 of the Companies Act, 2013 against Shiv Informatics Private Limited and its director, Sanjay Kumar Sinha, for violation of Section 450. The default arose when the company filed e-form AOC-4 for FY 2023-24 with attachments pertaining to another company, Cosmic Softech Private Limited, during its proposed amalgamation with Maharishi Technology Corporation Pvt. Ltd. The director admitted the mistake as an inadvertent human error. The ROC confirmed the non-compliance of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 and imposed a penalty of ₹10,000 on the officer in default, with a maximum ceiling of ₹50,000. The penalty must be paid within 90 days via the e-Adjudication portal from personal funds, and the default must be disclosed in the upcoming Board Report. No remission was granted, and appeal provisions under Section 454(5) & (6) apply.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Delhi
Registrar Of Companies, 4th Floor, IFCI Tower, 61, Nehru Place, New Delhi, Delhi, India, 110019
Phone: 011-26235703,26235708
E-mail: roc.delhi@mca.gov.in
Order ID: PO/ADJ/12-2025/DL/01092 | Dated: 09/12/2025
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 SHIV INFORMATICS PRIVATE LIMITED [herein after known as Company] bearing CIN U74899DL1999PTC099850, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at DGL-121,FIRST FLOOR DLF THE GALLERIA, MAYUR VIHAR PHASE-1 NA DELHI EAST DELHI DELHI INDIA 110091
Individual details:
In the matter relating to SANJAY KUMAR SINHA ……………………
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 – This office is in receipt of application filed through e-form GNL-1 vide SRN: AB8652330 dated 29.10.2025 for adjudication of penalties for defect in filing e-form AOC-4 vide SRN N04374419 dated 19.10.2024 filed for the Financial Year 2023-24.
That the company & Ors have preferred the scheme of amalgamation with Maharishi Technology Corporation Private Limited before Hon’ble NCLT vide CP no. (CAA)77/ND/2024 and the Regional Director, NR in its report bearing no. 230-232/Maharishi/2025/789 dated 28.04.2025 pointed out that the attachments made with the e-form AOC-4 (SRN N04374419) pertain to another company, namely, Cosmic Softech Private Limited.
That on examination of the documents filed with MCA Registry, it is observed that Sh. Sanjay Kumar Sinha (authorized signatory/Director) had filed said e-form AOC-4 with wrong attachment. Therefore, a default /non-compliance of the provision of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 r/w Section 450 of the Companies Act, 2013 has been made.
Therefore, the Noticee(s) are hereby called upon to show cause as to why penal action under Section 450 of the Companies Act, 2013 should not be initiated for the alleged violation.
2. No e-hearing was sought by the Noticee.
E. Order:
1. That pursuant to the facts of the case, an e-SCN was issued 13/11/2025 and the officer-in-default submitted his response on 14/11/2025 whereby the OID submitted that due inadvertent human error, an enclosure of another company was mistakenly attached with the mentioned e-form AOC-4. He accepted the default and accepted the penalty imposed. Thus, in view of the above, it is observed that the e-form AOC-4 vide SRN N04374419 dated 19.10.2024 is filed with the wrong enclosures which resulted in a default of the provision of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 and the penalty is imposed u/s 450 of CA, 2013 subject to the condition that the same is disclosed in the coming Board Report to maintain the necessary disclosures under Corporate Governance. Further, the submission of the company granting remission in the penalty is not acceded to.
Further, during the present adjudication proceedings, from the material/documents on record(s), prima facie non-compliance(s) as mentioned above have been noticed. In the present adjudication proceeding(s), the non-compliance(s) mentioned above are only being adjudicated and the non-compliances if any, involving aforesaid or any other section under provisions of Companies Act, 2013 shall be taken up separately in accordance with the law for necessary action, if any.
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 | SANJAY KUMAR SINHA having DIN as 00342829 | 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 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.
Seema Rath,
Registrar of Companies
ROC Delhi
