The Ministry of Corporate Affairs, through the Registrar of Companies, Hyderabad, passed an adjudication order under Section 454 of the Companies Act, 2013 against a private company for non-compliance with Section 42(8) relating to timely filing of return of allotment (Form PAS-3). The company made a private placement allotment on 24 February 2021 but filed PAS-3 only on 2 April 2021, exceeding the prescribed 15-day timeline. Consequently, the company and its directors were held in default under Section 42(9). The adjudicating authority imposed a penalty of ₹11,000 each on the company and three directors. The noticees declined an opportunity for e-hearing. They were directed to rectify the default and pay the penalty within 90 days through the MCA e-adjudication portal, with directors required to pay from personal funds. The order also provides for appeal within 60 days and warns of further consequences for non-compliance.
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/01742 | Dated: 28/03/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 42(9) 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 UDIT PATIDAR _________
In the matter relating to JAYANARAYAN KULATHINGAL _________
C. Provisions of the Act:
If a company defaults in filing the return of allotment within the period prescribed under sub-section (8), the company, its promoters and directors shall be liable to a penalty for each default of one thousand rupees for each day during which such default continues but not exceeding twenty-five lakh 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 20.08.2025 in respect of delay in filing of PAS-3 regarding private placement. The date of allotment is 24.02.2021 and the corresponding PAS-3 has been filed vide SRN T11231438 on 02.04.2021 and the same has been taken on record on 02.04.2021, hence the PAS-3 has been filed not within the stipulated period specified in Section 42(8) of the Companies Act, 2013.
As per section 42(8) A company making any allotment of securities under this section, shall file with the Registrar a return of allotment within fifteen days from the date of the allotment in such manner as may be prescribed, including a complete list of all allottees, with their full names, addresses, number of securities allotted and such other relevant information as may be prescribed.
Thus the company and its directors have violated the provisions of Section 42(8) and liable to be penalised under section 42(9) of the Act.
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 20.08.2025 in respect of delay in filing of PAS-3 regarding private placement. The date of allotment is 24.02.2021 and the corresponding PAS-3 has been filed vide SRN T11231438 on 02.04.2021 and the same has been taken on record on 02.04.2021, hence the PAS-3 has not been filed within the stipulated period specified in Section 42(8) of the Companies Act, 2013.
As per section 42(8), a company making any allotment of securities under this section, shall file with the Registrar a return of allotment within fifteen days from the date of the allotment in such manner as may be prescribed, including a complete list of all allottees, with their full names, addresses, number of securities allotted and such other relevant information as may be prescribed. Therefore, the company and its directors have violated the provisions of Section 42(8) and liable to be penalised under section 42(9) of the 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 | BINTIX WASTE RESEARCH PRIVATE LIMITED having CIN as U74999TG2018P TC124944 | 11000 | 0 | 2500000 | |
| 2 | EDWARD ROSHAN MIRANDA having DIN as 07393837 | 11000 | 0 | 2500000 | |
| 3 | UDIT PATIDAR having DIN as
08156577 |
11000 | 0 | 2500000 | |
| 4 | JAYANARAYAN KULATHINGAL having DIN as 08261228 | 11000 | 0 | 2500000 |
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
