The Registrar of Companies, Bangalore passed an adjudication order under Section 454 of the Companies Act, 2013 for violation of Section 10A relating to commencement of business. The company, incorporated on 21 July 2023, failed to file e-Form INC-20A within the prescribed 180 days and filed it belatedly on 25 March 2025, resulting in a continuing default of 433 days from 17 January 2024 to 24 March 2025. The company filed a suo-motu application admitting the default, following which show cause notice and e-hearing were conducted and submissions considered. The adjudicating authority held that the company did not qualify as a “small company” under Section 2(85), making the benefit of reduced penalty under Section 446B inapplicable. Consequently, a penalty of ₹50,000 was imposed on the company, while penalties of ₹1,00,000 each were levied on three directors as officers in default, payable within 90 days with appeal remedies provided.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Bangalore
Registrar Of Companies, ‘E’ Wing, 2nd Floor, Kendriya Sadana, Kormangala, Bangalore, Karnataka, India, 560034
Phone: 080-25633105,080-25537449
E-mail: roc.bangalore@mca.gov.in
Order ID: PO/ADJ/02-2026/BL/01611 Dated: 09/02/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 10A(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 STALWART INTELLISENSE PRIVATE LIMITED [herein after known as Company] bearing CIN U62099KA2023PTC176358, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at B 1206 DIVYASREE 77 PLACE YEMALUR MARATHAHALLI COLONY BANGALORE NORTH BANGALORE KARNATAKA INDIA 560037
Individual details:
In the matter relating to . CHRISTOPHER ARVINTH ———-
In the matter relating to CAROLINE MENDEZ ———
In the matter relating to ANTON AJAY MENDEZ ——–
C. Provisions of the Act:
If any default is made in complying with the requirements of this section, the company shall be liable to a penalty of fifty thousand rupees and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues but not exceeding an amount of one lakh rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee – The company, incorporated on 21.07.2023, has filed a suo-motu application regarding non-compliance of section 10A(1)(a) of the Act. As per section 10A(1)(a) of the Act, the company was required to file e-form INC-20A within the prescribed period of 180 days, but has filed the same belatedly on 25.03.2025, thereby violating the provisions of section 10A of the Act for a duration of 433 days i.e. from 17.01.2024 to 24.03.2025.
2. The company and officers in default asked for a hearing and same was provided. The order is issued based on the application, notice for adjudication, replies received and submission made at the time of hearing.
E. Order:
1. The company, incorporated on 21.07.2023, has filed a suo-motu application regarding non-compliance of section 10A(1)(a) of the Act. As per section 10A(1)(a) of the Act, the company was required to file e-form INC-20A within the prescribed period of 180 days, but has filed the same belatedly on 25.03.2025, thereby violating the provisions of section 10A of the Act for a duration of 433 days i.e. from 17.01.2024 to 24.03.2025.
Pursuant to the adjudication application filed by the company, show cause notice dated 22.11.2025 was sent to the company and its officers in default through e-Adjudication module. Subsequently, e-hearing notice dated 30.12.2025 was sent to the company and its officers in default through e-Adjudication module. E- Hearing was scheduled on 13.01.2026 which was attended by D. Saravanan, Alagar and Associates, practising company secretary and authorized representative of company and officers in default who made the submissions as per the adjudication application filed.
It is seen from records that the company does not fall under the definition of small company as per the provisions of section 2(85) of the Companies Act, 2013. Therefore, the provision of imposing lesser penalty as per the section 446B of the Act shall not be applicable in the case.
Based on the application, notice for adjudication, replies received and submission made at the time of hearing, the undersigned proceeds to issue the Order.
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 | STALWART INTELLISENSE PRIVATE LIMITED having CIN as U62099KA2023P TC176358 | 50000 | 0 | 50000 | |
| 2 | . CHRISTOPHER ARVINTH having DIN as 01090021 | 100000 | 0 | 100000 | |
| 3 | CAROLINE MENDEZ having DIN as 02714088 | 100000 | 0 | 100000 | |
| 4 | ANTON AJAY MENDEZ having DIN as 07898653 | 100000 | 0 | 100000 |
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 Hyderabad 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.
Manoj Bang,
Registrar of Companies
ROC Bangalore
