The Registrar of Companies (ROC) in Hyderabad has issued an adjudication order imposing penalties on MAHAVI POWER PRIVATE LIMITED and its directors for a violation of the Companies Act, 2013. The case stems from an inquiry conducted under Section 206(4) of the Act, which found that the company and its directors failed to attach the annual return (MGT-9) to the Board’s Report for the financial year ending March 31, 2019. This non-compliance is a violation of Section 134(3) of the Companies Act, making the company and its officers liable for penal action under Section 134(8).
The company and its directors, Tulasi Ram Kaskana and Chaithanya Arun Prakash Vallurupalli, argued that the relevant section had been amended and requested the notice be withdrawn. However, the adjudicating authority, based on the inquiry report and instructions from the Directorate, rejected this plea and proceeded to impose the penalties. A penalty of ₹3,00,000 was levied on the company, and a penalty of ₹50,000 each was imposed on the two directors. The order directs the company and its officers to rectify the default and pay the penalty within 90 days. The directors are required to pay the penalty from their personal funds. The order also specifies that an appeal can be filed with the Regional Director in Hyderabad within sixty days.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Hyderabad
Registrar Of Companies, 2nd Floor, Corporate Bhawan, GSI Post, Nagole, Bandlaguda, Hyderabad, Telangana, India-500068
Phone: 040-29805427/29804327, E-mail: roc.hyderabad@mca.gov.in
Order ID: PO/ADJ/07-2025/HD/00472 Dated: 21/07/2025
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 134(8) OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 5459(E) dated 26/10/2018 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 MAHAVI POWER PRIVATE LIMITED [herein after known as Company] bearing CIN U40300TG2018PTC128651, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at G-1, EUREKA COURT, AMEERPET G-1, EUREKA COURT, AMEERPET NA HYDERABAD Hyderabad Telangana India 500073
Individual details:
In the matter relating to TULASI RAM KASKANA [herein after known as individual] having DIN 01415878 and having its address at 8-3-903/4/7, ROAD NO 2, COMMUNITY HALL NAGARJUNA NAGAR, KHAIRATABAD 8-3-903/4/7, ROAD NO 2, COMMUNITY HALL NAGARJUNA NAGAR, KHAIRATABAD HYDERABAD Telangana India 500073
In the matter relating to CHAITHANYA ARUN PRAKASH VALLURUPALLI [herein after known as individual] having DIN 07545580 and having its address at FLAT NO 201, NARVEN VOISHNO SUDHAN RESIDENCY SOMAJIGUDA FLAT NO 201, NARVEN VOISHNO SUDHAN RESIDENCY SOMAJIGUDA HYDERABAD Telangana India 500082
C. Provisions of the Act:
(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees
D. Facts about the case:
1. Default committed by the officers in default/noticee – Whereas Inquiry under Section 206(4) of the Companies Act, 2013 was conducted. Inquiry Officer has observed in the Inquiry Report that “the company and its directors have violated the provisions of section 134(3) of the Companies Act, 2013 by not attaching MGT-9 to Board’s Report for the Financial Year ending 31.03.2019. The Company has violated section 134(3) of the Act and hence the company and every officer in default of the company are therefore liable for penal action u/s 134 (8) of the Act.”
2. Company and officers in default has not opted for e-Hearing.
E. Order:
1. Inquiry under section 206(4) of the Companies Act, 2013 was conducted. During the course of Inquiry, it was observed by the Inquiry Officer that the company and its directors have violated the provisions of section 134(3) of the Companies Act, 2013 by not attaching MGT-9 to Boards Report for the Financial Year ending 31/03/2019. The company has violated section 134(3) of the Companies Act, 2013 and hence the company and every officer in default of the company are therefore liable for penal action under section 134(8) of the Act. E-Notice dated 26.12.2024 has been issued to the company and its officers in default. Company and officers in default has submitted their replies vide letters dated 10.01.2025. It has been replied by the company and its officers in default that the section 134(3)(a) of the Companies Act, 2013 has been amended with effect from 31.07.2018 and accordingly, the company has to mention the web address, if any, where annual return referred to in sub-section (3) of the section 92 has been placed. Hence the company has requested to withdraw the Show Cause Notice and exclude/exempt the company and its directors from penalizing. The adjudicating authority based on the violation reported in the inquiry report and the follow up instruction on the same received from Directorate/DGCOA, imposed the penalty as per the provisions of section 134(8) of the Companies Act, 2013.
- 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 | MAHAVI POWER PRIVATE LIMITED having CIN as U40300TG2018P TC128651 | 300000 | 0 | 300000 | |
| 2 | TULASI RAM KASKANA having DIN as 01415878 | 50000 | 0 | 50000 | |
| 3 | CHAITHANYA ARUN PRAKASH VALLURUPALLI having DIN as 07545580 | 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 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.
Parvinder Singh,
Registrar of Companies
ROC Hyderabad
