Penalty of Rs.215600 imposed by MCA for Non-Filing of MGT-14

The Registrar of Companies under Ministry of Corporate Affairs in matter of STARNET REAL ESTATE DEVELOPMENT LIMITED has imposed Penalty of Rs.215600 for Non-Filing of MGT-14.

STARNET REAL ESTATE DEVELOPMENT LIMITED (herein after referred to as “company”) is a company registered under the provisions of the Companies Act, 1956/2013 in the State of Gujarat, having CIN: U45100GJ2000PLC038987 and presently having its registered office situated at “Ganesh Corporate House, 100 Feet Hebatpur – Thaltej, Road, Near Sola Bridge, off S.G. Highway, Ahmedabad, Gujrat-380054, India.

Fact about of the case:

The members of the Company have passed Special Resolution unanimously in accordance with section 13 and other applicable provision of the Act, if any at their Extra-ordinary General Meeting held on Saturday 30th January 2021 at the registered office of the Company pertaining to alter the main objects clause of Memorandum of Association of the Company in the manner described in the said resolution.

Pursuant to provisions of Section 117 of the Act, the aforesaid special resolution passed by the members of the company unanimously in accordance with section 13 and other applicable provision of the Act if any at their Extra-General Meeting held on Saturday, 30th January 2021, the said resolution was required to be filed within 30 days (i.e. on or before 01.03.20211 in the form MGT-14 thereof, however the company could not file the aforesaid form MGT-14 within stipulated time and the same was filed on 17/11/2021 vide SRN T59033126 with delay of 261 days.

The suo-moto application submits that the delay in filing the particulars of the Special resolution was inadvertently and without any malafide or wilful intention and due to second wave of covid-19. The applicants submits that there was no fraudulent intention or move.

Order:

The adjudication application, submitted documents & additional information in the matter are perused, considered & taken on record. Accordingly taking into account of delay of 261 days and the company & 5 of its officers being in default and under the provisions of Section 117 (3) of Companies Act 2013 regarding violation of section 117 of Companies Act 2013, the penalty imposed is as under:

The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website www.mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order and the Challan/SRN generated after payment of penalty through online mode shall be filed in INC-28 to this office.

Appeal if any against this order may be filed in writing with the Regional Director, North Western Region, Ministry of Corporate Affairs, ROC BHAVAN, OPP. RUPAL PARK, NR. ANKUR BUS STAND, NARANAPURA, AHMEDABAD (GUJARAT)-380013 within a period of sixty days from the date of receipt of this order, in Form ADJ setting forth the grounds of appeal and shall be accompanied by the certified copy of this order. [Section 454 of the Companies Act, 2013 read with the Companies (Adjudicating of Penalties) Rules, 2014 as amended by Companies (Adjudication of Penalties) Amendment Rules, 2019].

Please note that as per the provisions of Section 454(8) (i) of the Companies Act, 2013, where company does not pay the penalty imposed by the Adjudicating Officer or the Regional Director within a period of Ninety days (90 days) from the date of the receipt of the copy of order, the company shall be punishable with fine w1ich shall not be less than twenty five thousand rupees but which may extend to five lakhs r pees. Further as per of Section 454(8) (ii) of the Companies Act, 2013, where an officer of a company who in default does not pay the penalty within a perio1 of Ninety days (90days) from the date of receipt of the copy of the order, such officer shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both.

For Official Order Download PDF Given Below: