The Registrar of Companies, Kanpur passed an adjudication order under Section 454 of the Companies Act, 2013 imposing penalties for violation of Section 117(1), read with Section 179(3)(g), punishable under Section 117(2), due to failure to file Form MGT-14 for approval of accounts. The default emerged from an inquiry initiated under Section 206(5), during which it was found that the company had not filed the mandatory resolutions for the financial year 2017–18, despite statutory requirements. The non-filing was treated as a continuing compliance lapse, attracting penal consequences for both the company and its directors, who were held to be officers in default. Although a show cause notice was issued, neither the company nor its directors submitted any reply or sought a hearing. In the absence of any explanation or rectification, the Adjudicating Officer proceeded ex-parte and imposed the maximum penalty of ₹2,00,000 on the company and ₹50,000 each on the defaulting directors. Directions were issued for rectification, payment within 90 days through the MCA e-Adjudication portal, and information regarding appellate remedies and consequences of non-payment.
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/01-2026/KN/01405 | Dated: 19/01/2026
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 theCompanies 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 PRANAM INDIA NIDHI LIMITED [herein after known as Company] bearing CIN U65991UP2014PLC067506, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at SONBARSA BAZAR P.O.SONBARSA NA GORAKHPUR GORAKHPUR UTTAR PRADESH INDIA 273002
Individual details:
In the matter relating to AWADHESH KUMAR JAISWAL………….
In the matter relating to SUNIL KUMAR GUPTA………….
In the matter relating to SUNIL KUMAR JAISWAL……………
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 – The SCA of MCA vide its minutes dated 10.04.2020 directed to conduct the inquiry u/s. 206(5) of the Companies Act, 2013. During the Couse of Inquiry, Inquiring Officer has observed/pointed out that ? It has been observed from MCA-21 Registry that the Company has not filed Form MGT 14 for the year ended on 31.03.2017 to 31.03.2020 and 31.03.2021 for approval of accounts. Hence, it is non-compliance of Section 117(1) read with 179(3)(g) of the Companies Act, 2013. The penal action as contemplated under Section 117(2) of the Companies Act, 2013. The said violation was reported by the Inquiring Officer in his report dated 09.09.2022. Accordingly, the office of DGCoA vide its File No. CL-II-04/15/2024-O/o DGCoA-MCA dated 02.09.2024 and RDNR vide its No. Inquiry/206(4)/Pranam/RD (NR) /2022/1263 dated 18.05.2023 directed this office to take necessary action for non-filing MGT-14 in respect of Annual Returns for the financial year 31.03.2018 under section 117(1) of Companies Act, 2013.
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 2017-18 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 24.06.2025 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 | PRANAM INDIA NIDHI LIMITED having CIN as U65991UP2014P LC067506 | 200000 | 0 | 200000 | |
| 2 | AWADHESH KUMAR JAISWAL having DIN as 00447341 | 50000 | 0 | 50000 | |
| 3 | SUNIL KUMAR GUPTA having DIN as 01936421 | 50000 | 0 | 50000 | |
| 4 | SUNIL KUMAR JAISWAL having DIN as 06755485 | 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
