The Registrar of Companies, Ahmedabad issued an adjudication order under Section 454 of the Companies Act, 2013 for violation of Section 203(5) by Om Yash Projects Limited and its Managing Director. The company filed a suo motu application acknowledging non-compliance with the requirement to appoint a whole-time Company Secretary after its paid-up share capital increased to ₹10 crore on 18.08.2020, which triggered Section 203 obligations. The company appointed a Company Secretary only on 01.10.2021, resulting in a delay of 408 days. After reviewing the facts, the Adjudicating Officer imposed penalties of ₹5,00,000 on the company and ₹4,59,000 on the Managing Director, with no additional per-day penalty. The noticees are required to rectify the default and pay the penalty within 90 days through the MCA e-Adjudication portal. They may file an appeal within 60 days, and non-payment may attract further penal consequences under Section 454(8).
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Ahmedabad
Registrar Of Companies, ROC Bhavan , Opp Rupal Park Society, Behind Ankur Bus Stop, Naranpura, Ahmedabad, Gujarat, India, 380013
Phone: 079-27438531
E-mail: roc.ahmedabad@mca.gov.in
Order ID: PO/ADJ/11-2025/AD/00854 | Dated: 13/11/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 203(5) 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 OM YASH PROJECTS LIMITED [herein after known as Company] bearing CIN U74999GJ2017PLC096601, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at OFFICE NO.1113, 11TH FLOOR AARON SPECTRA, RAJPATH RANGOLI ROAD, B/H RAJPATH CLUB, BODAKDEV NA AHMEDABAD AHMEDABAD GUJARAT INDIA 380054
Individual details:
In the matter relating to HIRENKUMAR LAVJIBHAI KANANI [herein after known as individual] having DIN 06488039 and having its address at ______
C. Provisions of the Act:
If any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The company has filed GNL-1 vide SRN AB6672501 dated 10.09.2025 in the matter of Suo moto adjudication application made by M/s. Om Yash Projects Limited and Mr. Hirenkumar Lavjibahi Kanani, Managing Director only. As per Suo moto adjudication application clause 7 regarding facts of case the company has stated that during internal due diligence and secretarial audit of the records of the company, it was pointed out that the company has defaulted in compliance with the provisions of section 203 of the Companies Act, 2013 for lapse in appointment of a Company Secretary on whole time basis as Key Managerial Person, It was pointed out that paid up share capital of the Company was increased to Rs.10 crores w.e.f. 18.08.2020. Therefore, consequent to increase in capital, provisions of Section 203 for appointment of company secretary on whole time basis as KMP was attracted. To company with the provisions of the C.A. and rules framed thereunder, the company appointed CS Hitesh Kumar Bachubhai Patel as company secretary on 01.10.2021 which resulted in delay of 408 days. violation of section 203 of the Companies Act, 2013 during period from 18.08.2020 to 01.10.2021 the penal provisions of section 203(5) of the Companies Act, 2013.
2. Suo-moto application made by subject company and Hirenkumar Lavjibhai Kanani, Managing Director only.
E. Order:
1. As per the applicable statutory provisions.
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 | OM YASH PROJECTS LIMITED having CIN as U74999GJ2017P LC096601 | 500000 | 0 | 500000 | |
| 2 | HIRENKUMAR LAVJIBHAI KANANI having DIN as 06488039 | 459000 | 0 | 500000 |
4. 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.
5. 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.
6. Appeal against this order may be filed in writing with the Regional Director, RD Ahmedabad 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].
7. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Keerthi Narayana,
Registrar of Companies
ROC Ahmedabad
