Failure to File Form MGT-14 Under Section 117 & Section 179(3)(g): MCA imposed penalty

The Ministry of Corporate Affairs, Patna, has imposed penalties on Unique Bharati Publication Pvt Ltd and its directors for failing to file Form MGT-14 as required by Section 117 r.w. Section 179(3)(g) of the Companies Act, 2013. The company, registered on August 10, 2011, was found in violation for not filing the necessary resolutions for the financial year 2014-2015. The initial notice dated July 26, 2024, received no response from the company, leading to the imposition of penalties. The company’s default period spans from October 1, 2015, to August 22, 2024, totaling 3,249 days. The penalties imposed amount to ₹1,00,000 for the company and ₹25,000 each for the directors, Shailendra Kumar Jaiswal and Smt. Poonam Devi. The company and its directors are required to pay the penalties via e-payment within 90 days. They can appeal this decision within 60 days to the Regional Director, Ministry of Corporate Affairs, Kolkata. Non-compliance with the order may lead to further action under Section 454(8) of the Act.

Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies,
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
 (0612)- 2216150/2950121

Order No. ROC/PAT/Inquiry/17317/729 Dated: 22.08.2024

Order for penalty for violation of section 117 r.w. section 179(3)(g) of the Companies Act, 2013

UNIQUE BHARATI PUBLICATION PRIVATE LIMITED CIN: U22190BR2011PTC017317

Company:-

1. Whereas, Company M/s. Unique Bharati Publication Private Limited, CIN: U22190BR2011PTC017317 (herein after known as Company) is a company incorporated on 10.08.2011 under the provisions of Companies Act, 2013 in the state of Bihar and having its registered office situated at Ashokraj Path, Infront of Patna College, Bankipur, Patna, Bihar, 800004, India as per MCA website.

Facts about the case:-

2. Whereas, during the course of inquiry it has been noticed that the company has defaulted in filing MGT-14 in respect of the resolutions under the provision of section 117 r.w. 179(3)(g) of the Companies Act, 2013 for the financial year 2014­2015 having date of balance sheet 01.09.2015, leading to violation of the provisions of section 117(1) r.w. section 179(3)(g) of the Companies Act, 2013.

3. This office has issued notice under section 117 r.w. section 179(3)(g) of the companies Act, 2013 to the company and its directors vide letter dated 26.07.2024, for which no reply has been received.

4. Hence, it appears that the provisions of Section 117(1) of the Companies Act, 2013 has been contravened by the company and its directors/officers in default and therefore they are liable for penalty under section 117(2) of the Companies Act, 2013.

Section 117(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 shall be liable to a penalty, of ten thousand rupees and in case of continuing failure, with a further penalty of Page 1 of 3 one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.

5. As per clause 85 of section 2 of the Companies Act, 2013, small company means a company whose paid up capital and turnover shall not exceed rupees four crore and rupees forty crore respectively. As per MCA portal, paid up capital of the company-Unique Bharati Publication Private Limited is Rs. 2,00,000 and as regard to turnover, the company has shown turnover of Rs 9,96,449 in the AOC-4 filed with this office for year ending 31.03.2016. Therefore, the benefits of small company is extended to this company while adjudicating penalty.

ORDER

6. Therefore, having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty on Company, and its Directors as per table Below under section 117(2) of the Act for failure in compliance of section 117(1) r.w. 179(3)(g) of the Companies Act, 2013.

7. The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/ SRN generated after payment of penalty through online mode shall be forwarded to this office.

8. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on Ministry website mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order {Section 454(5) and 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014}.

9. Your attention is also invited to section 454(8) of the Act in the event of non­compliance of this order.

(Aparajit Barua)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna.