The Registrar of Companies, Hyderabad passed an adjudication order under Section 454 of the Companies Act, 2013 for violation of Section 117(2) relating to delayed filing of Form MGT-14 for special resolutions. The company failed to file the required form within the prescribed time, as the resolution dated December 2023 was filed only in October 2024. This delay constituted a statutory non-compliance, attracting penalty under the Act. Accordingly, the company and its officers in default were held liable and penalties of ₹19,000 each were imposed. The adjudicating authority emphasized that timely filing of resolutions is mandatory and failure triggers penal consequences, regardless of eventual compliance. The order also directed payment within 90 days and clarified that officers must pay penalties from personal funds. Further, the right to appeal before the Regional Director within 60 days was provided, reinforcing procedural safeguards.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Hyderabad
2nd Floor Corporate Bhawan, GSI Post, Tattiannaram, Bandlaguda, Nagole, Hyderabad, Telangana, India, 500068
Phone: 040-29805427/29804327
E-mail: roc.hyderabad@mca.gov.in
Order ID: PO/ADJ/03-2026/HD/01796 | Dated: 28/03/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (THE ACT’) FOR VIOLATION OF SECTION 117(2) 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 BINTIX WASTE RESEARCH PRIVATE LIMITED [herein after known as Company] bearing CIN U74999TG2018PTC124944, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at 042, 6TH FLOOR, C/O T-HUB FOUNDATION, 1/C, 83/1 RAIDURG PANMAKTHA, NEAR HITECH CITY, RANGA REDDY DISTRICT, HYDERABAD CYBERABAD SHAIKPET HYDERABAD TELANGANA INDIA 500081
Individual details:
In the matter relating to EDWARD ROSHAN MIRANDA……
In the matter relating to JAYANARAYAN KULATHINGAL………..
C. Provisions of the Act:
(2) If any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.
D. Facts about the case:
1. Default committed by the officers in default/noticee – M/s Bintix Waste Research Private Limited has submitted an adjudication application dated 22.08.2025 in respect of delay in filing of MGT-14 regarding special resolutions for private placement. The date of resolution is 11.12.2023 and the corresponding MGT-14 has been filed vide SRN AB1523928 on 16.10.2024 and the same has been taken on record on 16.10.2024, hence the MGT-14 has been filed not within the stipulated period specified in Section 117 of the Companies Act, 2013. Thus the company and its officer in default have violated the provisions of Section 117 and liable to be penalised.
2. The Company and its directors have declined the e-hearing option in their response to the Show Cause Notices.
E. Order:
1. M/s Bintix Waste Research Private Limited has submitted an adjudication application dated 22.08.2025 in respect of delay in filing of MGT-14 regarding special resolutions for private placement. The date of resolution is 11.12.2023 and the corresponding MGT-14 has been filed vide SRN AB1523928 on 16.10.2024 and the same has been taken on record on 16.10.2024, hence the MGT-14 has not been filed not within the stipulated period specified in Section 117 of the Companies Act, 2013. Therefore, the company and its officers in default have violated the provisions of Section 117 and are liable to be penalised.
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 | BINTIX WASTE RESEARCH PRIVATE LIMITED having CIN as U74999TG2018P TC124944 | 19000 | 0 | 200000 | |
| 2 | EDWARD ROSHAN MIRANDA having DIN as 07393837 | 19000 | 0 | 50000 | |
| 3 | JAYANARAYAN KULATHINGAL having DIN as 08261228 | 19000 | 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.
Satya Singh,
Registrar of Companies
ROC Hyderabad
