The Registrar of Companies (ROC), Pune, issued an adjudication order on November 4, 2025, penalizing TECH SPANNER INFO PRIVATE LIMITED and its two directors for violating Section 134(8) of the Companies Act, 2013. This section governs penalties for non-compliance regarding the company’s Board’s Report. The default was uncovered during an inquiry conducted by the ROC under Section 206(4) of the Act, which revealed that the company had provided incorrect details of the number of board meetings held in its annual returns (Form MGT-7) for five consecutive financial years: 2015-16, 2016-17, 2017-18, 2018-19, and 2019-20.
In each of these years, the company reported holding only four board meetings in the annual returns, despite actually conducting a higher number, ranging from five to eight meetings per financial year. This misrepresentation of meeting details in the annual returns was deemed a clear violation of the statutory provisions related to the Board’s Report, subjecting the company and its officers to penal action under Section 134(8). The company and its directors, Shishir Jitesh Gandhi and Prabudh Suresh Kakkar, accepted the default, attributing it to the absence of a full-time company secretary or compliance officer, rather than deliberate non-disclosure.
In response to the admitted violation, the ROC imposed the maximum permissible penalty under Section 134(8). The company was penalized ₹3,00,000 (Rupees Three Lakh), while each of the two directors, Shishir Jitesh Gandhi and Prabudh Suresh Kakkar, was individually penalized ₹50,000 (Rupees Fifty Thousand). The total penalty imposed in this matter amounted to ₹4,00,000. The Adjudicating Officer directed the company and the two penalized officers to remit the penalty amounts within 90 days of receiving the order through the MCA’s e-Adjudication facility. The order also explicitly mandated that the penalty imposed on the directors must be paid from their personal sources or income.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Pune
Registrar Of Companies, PMRDA Green Building, BLOCK A, 1st & 2nd Floor, Near Akurdi Railway Station, Akurdi, Pune,
Maharashtra, India, 411044
Phone: 020-27651375,020-27651378
E-mail: roc.pune@mca.gov.in
Order ID: PO/ADJ/10-2025/PU/00737 Dated: 04/11/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 134(8) 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, 2014for adjudging penalties under the provisions of this Act.
B. Company details:
In the matter relating to TECH SPANNER INFO PRIVATE LIMITED [herein after known as Company] bearing CIN U50100PN2015PTC156226, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at OFFICE NO. B-201 OFFICE NO. B-201 YERWADA PUNE CITY PUNE MAHARASHTRA INDIA 411006
Individual details:
In the matter relating to SHISHIR JITESH GANDHI___________
In the matter relating to PRABUDH SURESH KAKKAR___________
C. Provisions of the Act:
(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee – As per the inquiry of the Company conducted by this office u/s 206(4) of the Companies Act, 2013 and as per the reply furnished by the Company to the letter of this office dated 25.04.2022, the Company has furnished the details of the meetings (Board & General) conducted in each financial year. It is observed that the Company has failed to provide the correct details of various meetings in its annual returns and the attendance thereof for the financial year 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20. The Company has conducted at least 5 to 8 board meetings each financial year and has reported only 4 meetings in the annual return (Vide form MGT-7) for that particular financial year. The details are given below:-
FY (2015-16): No. of board Meetings conducted- 6No. of Board Meetings reported in FORM MGT-7- 4; FY (2016-17): No. of board Meetings conducted- 6No. of Board Meetings reported in FORM MGT-7- 4; FY (2017-18): No. of board Meetings conducted- 6No. of Board Meetings reported in FORM MGT-7- 4; FY (2018-19): No. of board Meetings conducted- 8No. of Board Meetings reported in FORM MGT-7- 4; FY (2019-20): No. of board Meetings conducted- 7No. of Board Meetings reported in FORM MGT-7- 4
As the Company and its directors have given wrong information about the number of meetings in the board report, this is a clear violation of section 134 of the Companies Act, 2013. Hence, the Company and its directors are liable for penal action under section 134(8) of the Companies Act, 2013.
2. The company has not requested for e-hearing.
E. Order:
1. The company and officers in default have accepted the default. It has been further submitted that the default occurred as the company did not have a full-time company secretary or compliance officer rather than deliberate non-disclosure. The Company has failed to provide the correct details of various meetings in its annual returns along with the attendance thereof and this particular violation and adjudication thereof is relating to the annual return filed Vide Form MGT-7 dated 18.09.2015.
Therefore, In exercise of the powers conferred on the undersigned vide Notification dated 24th March, 2015 and having considered the facts and circumstances of the case mentioned herein above and after giving due opportunity to the Company and its officers, I hereby impose the following penalties on Company and its officers in default pursuant to Rule 3(12) of Companies (Adjudication Of Penalties) Rules, 2014 and the proviso of the said Rule and Rule 3(13) of Companies (Adjudication Of Penalties) Rules, 2014 r/w General Circular No. 1/2020 dated 02.03.2020, for violating the provisions of the Section 117 of the Companies Act, 2013 read with Rule 24 of the Companies (Management and Administration) Rules, 2014.
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 | TECH SPANNER INFO PRIVATE LIMITED having CIN as U50100PN2015P TC156226 | 300000 | 0 | 300000 | |
| 2 | SHISHIR JITESH GANDHI having DIN as 03459312 | 50000 | 0 | 50000 | |
| 3 | PRABUDH SURESH KAKKAR having DIN as 06675388 | 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 Mumbai 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.
Parvez Naikwadi,
Registrar of Companies
ROC Pune
