Follow Us:

The Registrar of Companies, Kanpur, under the Ministry of Corporate Affairs, passed an adjudication order under section 454 of the Companies Act, 2013 for violation of section 117(2) due to non-filing of e-Form MGT-14 for approval of accounts for FY 2015–16. The default was identified during an inquiry initiated under section 206(4), which revealed repeated failures to file MGT-14 across multiple financial years, contrary to section 117(1) read with section 179(3)(g). Despite issuance of show cause notices, neither the company nor its officers responded or sought a hearing. In the absence of any explanation, the Adjudicating Officer imposed the maximum statutory penalties: ₹2 lakh on the company and ₹50,000 each on all officers in default. The order directs rectification and payment within 90 days, mandates personal payment by officers, and provides for appeal before the Regional Director, failing which consequences under section 454(8) may follow.

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Kanpur
Registrar of Companies, 37/17, Westcottt Buidling, The Mall, Kanpur, Uttar Pradesh, India, 208001
Phone: 0512-2310443,2310227,2310323
E-mail: roc.kanpur@mca.gov.in

Order ID: PO/ADJ/12-2025/KN/01316 Dated: 31/12/2025

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 JEEVAN JYOTI MUTUAL BENEFIT NIDHI LIMITED………..

Individual details:

In the matter relating to AVDHESH KISHOR…………..

In the matter relating to ASHA RAM PAL…………

In the matter relating to KESHPAL……….

In the matter relating to DAYARAM……….

In the matter relating to PRAMOD KUMAR VERMA…………

In the matter relating to VINOD KUMAR…………..

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 – SCA MCA vide letter 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 ?It has been observed from the MCA21 Registry that the Company has not filed Form MGT 14 from FY 14-15 to 20-21 for approval of accounts as mandated under 117(1) read with 179 (3) (g) of the Companies Act, 2013. Therefore, the company has violated Section 117(1) read with 179(3)(g) of the Companies Act,2013. Hence the penal action under 117(2) of the Act, 2013 to be initiated against the Company and its officers in default for violation of Section 117(1) read with 179(3)(g) of the Companies Act, 2013. The said violation was reported by the Inquiring Officer in his report dated 28.06.2022. Accordingly, the office of DGCoA vide its File No. CL-II-04/269/2023-O/o DGCoA-MCA dated 02.11.2023 directed this office to take necessary action for non-compliance of section 117(1) read with 179 (3) (g) of the Companies Act, 2013 for the financial year 31.03.2016.

2. Neither any response has been received from the company and its officers-in-default nor any request of hearing received in this regard

E. Order:

1. The Company has not filed e Form MGT 14 for FY 2015-16 for approval of accounts as mandated under 117(1) read with 179 (3) (g) of the Companies Act, 2013. Therefore, Show Cause Notice were issued on 26.06.2025 to the company and its officer-in-default for violation of section 117(1) read with 179(3)(g) of the Companies Act,2013. More than 30 days have expired, no response have been received till date. The company and its officer-in default have also not requested for hearing. 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.

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 JEEVAN JYOTI MUTUAL BENEFIT NIDHI LIMITED having CIN as U67190UP2014P LC065298 200000 0 200000
2 AVDHESH KISHOR having DIN as 06922358 50000 0 50000
3 ASHA RAM PAL having DIN as

07454891

50000 0 50000
4 KESHPAL .
having DIN as07455045
50000 0 50000
5 DAYARAM .
having DIN as06922343
50000 0 50000
6 PRAMOD KUMAR VERMA having DIN as 07455030 50000 0 50000
7 VINOD KUMAR having DIN as

07455496

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 Noida 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 Kanpur

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Ads Free tax News and Updates
Search Post by Date
January 2026
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031