The Registrar of Companies, Chennai, passed an adjudication order under Section 454 of the Companies Act, 2013 against Anantham Benefit Fund Limited for violation of Section 92(4) relating to non-filing of annual return in Form MGT-7 for the financial year ending 31.03.2023. The Ministry of Corporate Affairs had earlier rejected the company’s NDH-4 application after observing non-compliance with Sections 92 and 137 of the Companies Act. Despite issuance of show cause notice and scheduling of e-hearings, neither the company nor its directors responded or appeared, resulting in ex-parte proceedings under the Companies (Adjudication of Penalties) Rules, 2014. The adjudicating authority held that the company failed to file the annual return within the statutory period prescribed under Section 92(4), attracting penalty under Section 92(5). Accordingly, a penalty of Rs.92,500 was imposed on the company, while penalties of Rs.50,000 each were imposed on the two officers in default. The company and officers were directed to rectify the default and pay the penalties within 90 days, with liberty to file appeal before the Regional Director, Chennai.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Chennai
Registrar Of Companies, Block No.6,B Wing 2nd Floor, Shastri Bhawan 26, Haddows Road, Chennai, Tamil Nadu, India, 600034
Phone: 044-28276652/2827665
E-mail: roc.chennai@mca.gov.in
Order ID: PO/ADJ/04-2026/CN/02093 | Dated: 14/05/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (THE ACT’) FOR VIOLATION OF SECTION 92(5) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 698(E) dated 10/02/2026 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 ANANTHAM BENEFIT FUND LIMITED [herein after known as Company] bearing CIN
U65991TN1997PLC039325, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at NO.65,NAGESWARAN SOUTHSTREET, KUMBAKONAM NA NA TAMIL NADU INDIA 0
Individual details:
In the matter relating to . VIVEKANANTH ___________
In the matter relating to . RAJESHBABU ___________
C. Provisions of the Act:
If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default.
D. Facts about the case:
1. Default committed by the officers in default/noticee – The Ministry vide letter dated 29.07.2024 has rejected the form NDH-4 (Form for filing application for declaration as Nidhi and for updating of Status by Nidhi) filed by the company M/s. ANANTHAM BENEFIT FUND LIMITED (vide SRN: T05148275 date. 26.02.2021). Wherein it was stated that ” It is observed that the company has not filed form MGT-7 and AOC-4 for the financial year ending 31.03.2023 which is in non- compliance of section 92 and section 137 of Companies Act, 2013.
Section 92(4) of Companies Act, 2013 read as follow;
(4) Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed.
On perusal of the said rejection letter and relevant forms, it is noticed that the subject Company has not filed Form MGT- 7 for the Financial Year ending 31.03.2023, resulting in violation of section 92(4) of Companies Act, 2013. Hence, the company and its officers in default are liable for penalty under Section 92(5) of the Companies Act, 2013
2. The Adjudicating Authority has issued notice for e-Adjudication vide SCN/ADJ/01-2026/CN/03869 on 03.03.2026. No reply has been received from the company or from the officers in default. Further the Adjudicating Authority has scheduled e-hearings on 27.03.2026 and 06.04.2026. Neither the Directors nor their authorized representatives attended the e-hearings scheduled on 27.03.2026 and 06.04.2026. Therefore, as per Rule 3(8) of the Companies (Adjudication of Penalties) Rules 2014, the matter is being proceeded with in the absence of such person (ex-parte).
E. Order:
1. As per section 92(4) of the Companies Act, 2013, every Company should file with the Registrar a copy of the Annual Return, within sixty days from the date on which the Annual General meeting is held or should have been held. However, the Company has not filed MGT-7 for the financial year ending 31.03.2023, till date. In this regard, the Company has violated Section 92(4) of Companies Act, 2013 and therefore, the Company and the officers in default are liable for penalty under Section 92(5) 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 | ANANTHAM BENEFIT FUND LIMITED having CIN as U65991TN1997P LC039325 | Yes | 92500 | 0 | 200000 |
| 2 | . VIVEKANANTH having DIN as 03188307 | Yes | 50000 | 0 | 50000 |
| 3 | . RAJESHBABU having DIN as 03199588 | Yes | 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 Chennai 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.
B SRIKUMAR,
Registrar of Companies
ROC Chennai
