The Registrar of Companies, Uttar Pradesh imposed penalties under Section 454 of the Companies Act, 2013 against a Nidhi company and its directors for violation of Section 117(1) read with Section 179(3)(g) relating to filing of board resolutions approving financial statements. The inquiry under Section 206(4) revealed that the company failed to properly file Form MGT-14 for financial years ending 31.03.2018 to 31.03.2021, and though an e-Form MGT-14 had been filed for FY 2017-18, the required board resolution attachment was missing. Show cause notices and hearing opportunities were provided, but neither the company nor the officers in default responded or rectified the defect. Consequently, the ROC held the company and directors liable under Section 117(2). A penalty of Rs. 2 lakh was imposed on the company, while penalties of Rs. 50,000 each were imposed on four directors/officers in default. The order also directed rectification within 90 days and clarified that penalties must be paid from personal sources by the officers.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Uttar Pradesh I
2nd Floor, Kendriya Bhawan, GPOA Building, Fazalganj, Kanpur, Uttar Pradesh, India, 208012
Phone: 0512-2310443
E-mail: roc.kanpur@mca.gov.in
Order ID: PO/ADJ/05-2026/UP/02273 | Dated: 25/05/2026
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 SHUBHMANGAL INDIA NIDHI LIMITED [herein after known as Company] bearing CIN U65990UP2016PLC082843, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at WARD NO.11, NEAR SANJAY NAGAR GT SANJAY NAGAR GT NA CHANDAULI CHANDAULI UTTAR PRADESH INDIA 232104
Individual details:
In the matter relating to UDAI PRATAP SINGH ______________
In the matter relating to MANU DEVI ______________
In the matter relating to ANIL PANDEY ______________
In the matter relating to RANAVIR PRATAP ______________
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 – The SCA vide its minutes dated 10.04.2020 directed to conduct the inquiry u/s. 206(4) of the Companies Act, 2013. During the Couse of Inquiry, Inquiring Officer has observed/pointed out that ? On examination of documents on MCA21 Registry it is observed that the Company has not filed form MGT-14 for the year ending on 31.03.2018 to 31.03.2021 for approval of accounts as mandated under section 117(1) read with 179 (3) (g) of the Companies Act, 2013. Hence, it is non-compliance of Section 117(1) read with 179 (3) (g) of the Companies Act, 2013. The penal action to be initiated against the Company and its officers in default for non-compliance of Section 117(1) read with 179 (3) (g) of the Companies Act, 2013 which is punishable under Section 117(2) of the Companies Act, 2013.? The said violation was reported by the Inquiring Officer in his report dated 10.08.2022. Accordingly, the office of DGCoA vide its No. CL-II-04/317/2023-O/o DGCoA-MCA dated 29.02.2024 directed this office to take necessary action for violation of Section 117(1) r/w 179(3)(g) of the Companies Act, 2013 for the financial year 31.03.2018.
2. Hearing opportunity was granted to the Company.
E. Order:
1. The Company has filed e Form MGT 14 for FY 2017-18 indicating resolution passed by the board of directors for approval of accounts as mandated under 117(1) read with 179 (3) (g) of the Companies Act, 2013. However, board resolution as mentioned above was not found attached with e form MGT 14 vide SRN H05307764.
Show Cause Notice was issued to the company and its officer-in-default for violation of section 117(1) read with 179(3)(g) of the Companies Act,2013. Subsequently hearing was granted to the Company on 13.05.2026 and 21.05.2026. However the company and its officer-in default did not respond neither filed the document. In the said circumstances, penalty as mentioned below is being imposed upon the company as well as its officer-in default as per Section 117 (2) of the Companies Act 2013 for the violation of section 117(1) read with179 (3) (g) of the Companies Act, 2013.
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 | SHUBHMANGAL INDIA NIDHI LIMITED having CIN as U65990UP2016P LC082843 | 200000 | 0 | 200000 | |
| 2 | UDAI PRATAP SINGH having DIN as 07471548 | 50000 | 0 | 50000 | |
| 3 | MANU DEVI having DIN as 07471564 |
50000 | 0 | 50000 | |
| 4 | ANIL PANDEY having DIN as 08189916 | 50000 | 0 | 50000 | |
| 5 | RANAVIR PRATAP having DIN as 07471555 | 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 Delhi 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.
Sanjay Bose,
Registrar of Companies
ROC Uttar Pradesh I
