The Registrar of Companies, Ahmedabad, exercising adjudicatory powers under section 454 of the Companies Act, 2013, imposed penalties for violation of section 62(1)(a) read with section 450 of the Act. The default arose from a typographical error in Form PAS-3, where the date of allotment of 13,00,000 shares was incorrectly mentioned as 28 March 2019 instead of 29 March 2019. Although the company had otherwise complied with all procedural requirements and later rectified the mistake by filing a revised PAS-3, the lapse amounted to a contravention for which no specific penalty is prescribed, attracting section 450. The adjudication was initiated through a suo-motu application by the company and its Managing Director. Considering the facts, the Adjudicating Officer imposed the maximum statutory penalty of ₹2,00,000 on the company and ₹50,000 on the Managing Director, with directions for payment and rectification within the prescribed period.
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/12-2025/AD/01269 | Dated: 18/12/2025
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 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____________________
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 company has filed GNL-1 vide SRN AB7310052 dated 24.09.2025 in the matter of Suo moto adjudication application under Section 62 (1) (a) of the Companies Act, 2013 made by M/s. Om Yash Projects Limited and Mr. Hirenkumar Lavjibhai Kanani, Managing Director only, no other officer in default have made adjudication application. As per Suo moto adjudication application clause-8 regarding facts of case the company has stated that during internal due diligence of the records of the company, the company has defaulted without any malafide intention in compliance with the provisions of section 62(1)(a) of the Companies Act, 2013 Rule 11 (g) of The Companies (Audit and Auditors) Rules, 2014 (as amended in 2022).
It was pointed out that the Company has filed form PAS-3 for allotment of 13,00,000 Shares. Due to typographical errors in the form the Company has mentioned the date of allotment as 28th March, 2019 instead of 29th March, 2019. The Company confirms that the Company has complied with all the procedures and provisions of Section 62(1)(a) of the Companies Act, 2013. Further to rectify the error the Company has filed revised PAS-3 vide SRN: AB6807525 on 13.09.2025 with revised date of allotment as 29th March, 2019. The company has default for violation of section 62(1)(a) of the Companies Act, 2013 for penal provision of Section 450 of the Companies Act, 2013
2. Suo-moto adjudication application made by Company and only Managing Director.
E. Order:
1. AS PER THE PROVISIONS OF COMPANIES ACT.
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 | 200000 | 0 | 200000 | |
| 2 | HIRENKUMAR LAVJIBHAI KANANI having DIN as 06488039 | 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 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].
6. 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
