The Registrar of Companies, Cuttack, acting as Adjudicating Officer under Section 454 of the Companies Act, 2013, passed an order imposing penalty under Section 450 for violation of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014. The company had filed e-Form MGT-7A for FY 2024-25 incorrectly stating its paid-up capital as ₹10,00,000 instead of ₹1,00,000, and later sought to mark the form as defective through GNL-1. The authority observed that filing incorrect information contravened Rule 8(3), which mandates correctness of e-forms by the authorized signatory and certifying professional. Although the company and its director attributed the lapse to an inadvertent clerical error and sought dropping of proceedings, the offence was admitted. Consequently, a penalty of ₹10,000 each was imposed on the company and its director. The order directed payment within 90 days, filing of Form INC-28, and clarified appeal rights before the Regional Director.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Cuttack
ROC-cum-Official Liquidator, Ministry Of Corporate Affairs, Corporate Bhawan, 2nd & 3rd Floor, Plot No-9(P), Sector-1,
CDA, Cuttack, Orissa, India, 753014
Phone: 0671-2366952
E-mail: roc.cuttack@mca.gov.in
Order ID: PO/ADJ/02-2026/CT/01685 | Dated: 20/02/2026
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 SHREESIDDHISAI INFRA PRIVATE LIMITED [herein after known as Company] bearing CIN U45203OR2022PTC039179, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at C/O- SURAJ PRAKASH KANUNGO, NIGAMANANDA LANE,JOBRA RAOAD,PO-COLLEGE SQUARE NA CUTTACK CUTTACK ORISSA INDIA 753003
Individual details:
In the matter relating to SURAJ PRAKASH KANUNGO __________________
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 e-Form No. MGT-7A vide SRN AC0136164 for the financial year 2024-25 showing the paid up capital as Rs. 10,00,000/-. Subsequently, the company has filed e-Form No. GNL-1 vide SRN AC1068175 with request to marked the STP approved e-Form No. MGT-7A vide SRN AC0136164 as defective as at the time of filing the company mentioned the paid up capital as Rs. 10,00,000/- instead of Rs. 1,00,000/-.
It is observed that the company has filed the document with incorrect information which contravened the provisions of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014 and the authorized signatory and the professional, if any who certify e-form shall be responsible for correctness of the contents of e-form and correctness of the enclosures attached with the electronic form. Hence, the company and the authorized signatory to the e-form MGT-7 are liable for punishment under Section 450 of the Companies Act, 2013.
2. The Noticee has selected “No” under the “e-hearing requested” option; therefore, no e-hearing has been provided
E. Order:
1. Reply from the Noticee : In response to the Show Cause Notice (SCN) dated 06.02.2026, the company (Noticee-1) and Shri Suraj Prakash Kanungo (Noticee-2) have submitted their reply vide letter dated 12.02.2026 and 17.02.2026 respectively. In their reply, they have stated that the alleged lapse due to an inadvertent clerical/data entry error and prayed to drop the present adjudication proceedings as premature and not maintainable.
Order : The company and its Director Shri Suraj Prakash Kanungo in their reply have admitted the offence. Hence, the A.O. is of the view that the company has violated the provision of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014. Therefore, the A.O. do hereby impose penalty upon the company and its Director/Officer in default under the provisions of Section 450 of the Companies Act, 2013 for violation of Rule 8(3) of the Companies (Registration Offices and Fees) Rules, 2014.
The company and officers in default shall pay the blow mentioned amount of penalty through online mode specifying the details of this order and the name of the noticee who is paying the penalty pursuant to Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019, within 90 days of receipt of this order. Further the company shall file form INC-28 attaching a copy of order and payment challans.
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 | SHREESIDDHISA I INFRA PRIVATE LIMITED having CIN as U45203OR2022P TC039179 | 10000 | 0 | 200000 | |
| 2 | SURAJ PRAKASH KANUNGO having DIN as 07761961 |
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 Hyderabad 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.
Sitaram Gupta,
Registrar of Companies
ROC Cuttack
