Form ADJ: Complete Guide to Memorandum of Appeal Against Adjudication Order
Webform ADJ is filed with the Regional Director (RD) to appeal against an adjudication order imposing a penalty on a company or officer in default. It is governed by Section 454 of the Companies Act, 2013 read with Rule 4 of the Companies (Adjudication of Penalties) Rules, 2014.
An adjudicating officer appointed by the Central Government may impose a penalty on a company and the officer in default for non-compliance or default under the Companies Act, 2013. Any party aggrieved by such an order may appeal to the Regional Director having jurisdiction, in writing, setting forth the grounds of appeal, using webform ADJ.
Who Should File ADJ / When is it Filed
Any company or officer in default aggrieved by an adjudication order passed by an adjudicating officer must file the appeal in webform ADJ with the jurisdictional Regional Director within 60 days from the date of receipt of the adjudication order.
Important Checkpoints Before Filing
- Applicant must be registered on the MCA portal before filing the webform
- The company/foreign company must be registered with MCA and hold a valid, approved CIN/FCRN, as applicable, with status ‘Active’
- The DSC attached must be registered on the MCA portal against the DIN/DPIN/PAN/Membership number provided
- The signing authority must hold a valid, non-expired, non-revoked DSC and an approved DIN/DPIN or valid PAN/Membership number
- No other ADJ webform with the same order ID and same CIN/FCRN/appellant identification number should be pending
- No other webform (other than ‘Refund’) should be pending for processing against the company
- For resubmission: application must be in Application History and T+14 days (or T+28 days if an extension has been approved) must not have elapsed
- If field space is insufficient, additional details may be furnished as an optional attachment
Step-by-Step Filing Process
- Login to MCA portal → MCA Services → Company e-Filing → Approval Service (Regional Director)
- Access “ADJ – Memorandum of Appeal”
- Fill up the application, setting out the grounds of appeal
- Optionally save as draft
- Submit the webform and note the SRN
- Affix DSC
- Upload the DSC-affixed PDF on MCA portal within 15 days of SRN generation
- Pay Fees within 7 days of successful upload (or the due date + 2 days, whichever is earlier — otherwise the SRN is cancelled)
- Receive acknowledgement
Mandatory Attachments
- Copy of the adjudication order being appealed
- Grounds of appeal / supporting documents in the specified format
Signing Requirements
- Digitally signed by an authorised signatory whose DIN/DPIN/PAN/Membership number is registered against the DSC on the MCA portal
Fee Structure
| Basis of Authorised Share Capital | Other than OPC & Small Company (INR) | OPC & Small Company (INR) |
|---|---|---|
| Up to 25,00,000 | 2,000 | 1,000 |
| Above 25,00,000 up to 50,00,000 | 5,000 | 2,500 |
| Above 50,00,000 up to 5,00,00,000 | 10,000 | N/A |
| Above 5,00,00,000 up to 10 crore | 15,000 | N/A |
| Above 10 crore | 20,000 | N/A |
| Applicant Type | Fee (INR) |
|---|---|
| Company limited by guarantee without share capital | 2,000 |
| Section 8 company (valid license) | 2,000 |
| Foreign company | 5,000 |
No additional/delay fee is prescribed for ADJ.
Processing Mode
Webform ADJ is processed in Non-STP mode — every filing is reviewed manually by the Regional Director’s office.
Useful Links
Frequently Asked Questions (FAQs)
Q1. What is the time limit to file an appeal in ADJ? Within 60 days of receipt of the adjudication order by the aggrieved party.
Q2. Who decides an ADJ appeal? The Regional Director having jurisdiction over the matter.
Q3. Is ADJ processed automatically? No, it is always processed in Non-STP mode with manual review.
Q4. Is there a delay fee for late filing of ADJ? No — the Instruction Kit does not prescribe an additional/delay fee for this form; however, the 60-day appeal window itself is a statutory limitation.
Q5. What if another webform is already pending for the company? No other webform (barring ‘Refund’) should be pending for processing against the company at the time of filing ADJ.
Disclaimer
This article is based on the official Instruction Kit for webform ADJ published by the Ministry of Corporate Affairs (MCA), Government of India. While every effort has been made to ensure accuracy, the content is intended for general guidance purposes only. MCA forms, rules, and fee structures are subject to change through amendments to the Companies Act, 2013 or notifications issued thereunder.
In case of any inconsistency or doubt, readers are advised to refer to the official MCA access page for ADJ and resources available on the MCA website.