The Regional Director, South East Region, Ministry of Corporate Affairs, Hyderabad, addressed an appeal filed by Mr. Gangadharappa Munidra Kumar, a former director of Eaglesight Media Private Limited. The appeal, submitted physically as an online filing was not possible for an erstwhile director, challenged an adjudication order issued by the Registrar of Companies (ROC), Bangalore, on May 22, 2024. This order imposed a penalty under Section 454 read with Section 12(1) of the Companies Act, 2013, for the company’s failure to maintain a registered office from July 28, 2023, to March 14, 2024. The ROC had noted that a notice sent to the company was returned undelivered, leading to the penalty imposition as per Section 12(8) of the Act. The penalty amounted to Rs. 50,000 on the company and an additional Rs. 50,000 on Mr. Gangadharappa Munidra Kumar as the defaulting officer.
During the hearing on May 19, 2025, Mr. Anandteerth Hipparagi, Company Secretary, represented the appellant. He presented evidence, including the minutes of a Board meeting held on March 28, 2014, which confirmed Mr. Gangadharappa Munidra Kumar’s resignation from the company. Additionally, a cross-examination statement from another director in a separate court case (OS 963/2015) before the XV Addl. City Civil & Sessions Judge, Bengaluru, further corroborated the appellant’s resignation in 2014. The representative explained that despite repeated requests, the company had failed to file the necessary DIR-12 form post-resignation, leading the appellant to file DIR-11 in 2019. Based on these submissions, the Regional Director concluded that Mr. Gangadharappa Munidra Kumar was not the officer-in-default during the period of violation. Consequently, the appeal was allowed, and the penalty levied against him by the ROC Bangalore was set aside. The ROC has been advised to take further action against Eaglesight Media Private Limited and its other director if the company’s penalty remains unpaid, as neither the company nor the other director filed an appeal. The appeal is now disposed of.
F. NO:9/MISC/EAGELSIGHT MEDIA/ADJ/SEC 12 OF CA2013/ROC (B)/RD(SER)/2024
BEFORE THE REGIONAL DIRECTOR, SOUTH EAST REGION
MINISTRY OF CORPORATE AFFAIRS, HYDERABAD
IN THE MATTER OF COMPANIES ACT, 2013
IN THE MATTER OF EAGLESIGHT MEDIA PRIVATE LIMITED
1. Mr. Gangadharappa Munidra Kumar
(DIN: 03597251) …………………… Appellant
Date of hearing: 19.05.2025
Present: Mr.Anandteerth Hipparagi, CS
ORDER
1. This is an appeal filed under section 454(5) of the Companies Act, 2013 by the above appellant Mr. Gangadharappa Munindra Kumar, in physical form vide application dated against the adjudication order No. -ROC(B)/Adj.Ord.454-12(1)/Eaglesight/Co.No.071410/2024 dated 22.05.2024 under section 454 read with section 12 (1) of the Companies Act, 2013 passed by the Registrar of Companies, Bangalore for default in compliance with the requirements of Section 12 (1) of the Companies Act, 2013.
2. As the appellant has not filed ADJ form online, this office has sought a report from ROC. Pursuant to the above, ROC vide his report dated 23/01/2025 has stated that since the appeal is being filed by the appellant in the capacity of erstwhile MD of the Company, the system is not allowing to file the ADJ by an individual. Hence the PCS has filed serious complaint form vide SRN 300098187 dated 08.07.2024.
3. Registrar of Companies in his order of adjudication has stated that a notice was sent to company which was returned undelivered with postal remarks “No such media this address”. Hence, the penalty is imposed as per Section 12(8) of the Companies Act, 2013.
4. ROC, Bangalore had issued adjudication notice dated 22.05.2024 and imposed a penalty vide their adjudication order No.ROC(B)/Adj.Ord.454- 12(1)/Eaglesight/Co.No.071410/2024 dated 22.05.2024, Rs. 50,000/- on Company and Rs. 50,000/- on its defaulting officer., namely Ms.Gangadharappa Munindra Kumar, Managing Director and the present appellant (total aggregating to Rs.50,000/-) for non-maintenance of registered office during the period 28/07/2023 to 14/03/2024.
5. Aggrieved by the said order dated 22.05.2024, the applicant/Appellant herein has filed the instant appeal and the matter was fixed for hearing on 19.05.2025. The authorized representative, Mr.Anandteerth Hipparagi, CS, Company secretary appeared on behalf of the appellant.
6. The Authorised Representative of the appellant has submitted copy of the minutes of the Board meeting held on 28/03/2014, wherein his resignation was accepted by the Board. He has also produced copy of the statement of witness (Cross-examination) of the other director recorded in a case before the Hon’ble XV Addl. City Civil & Sessions Judge, Bengaluru in OS 963/2015, wherein the other director has accepted that the appellant had resigned from the company in 2014. The AR of the Appellant has further stated that as the company had failed to file DIR-12, after his resignation, despite several requests, the appellant had filed DIR-11 in 2019.
7. Considering the above submissions of the appellant, the appeal is allowed and the penalty levied by the RoC (Bangalore) in their order dated 22/05/2024 on the appellant Mr Gangadharappa Munidra Kumar is set aside, as the appellant was not the officer-in-default. Further, RoC is advised to take further course of action against the company and the other director if the company has not paid the penalty amount levied, since neither the company nor the other director has filed an appeal in this Directorate against the RoC order.
8. The Appeal is hereby disposed of.
Issued under my hand and seal on this the 17 day of June 2025.
RICHA KUKRE3A
REGIONAL DIRECTOR(S.E.R.)
HYDERABAD
