What is the penalty for not filing Form MGT-14 on time with ROC ?

What is the penalty for not filing Form MGT-14 on time with ROC ?. Non-Filing of MGT-14 under Section 117(2) of the Companies Act, 2013
This document presents a formal order for penalty adjudication issued by the Registrar of Companies (ROC) Ahmedabad on June 24, 2025. The order, identified by ID PO/ADJ/06-2025/AD/00441, concerns a violation of Section 117(2) of the Companies Act, 2013. The action was taken against Harsh Gathani Enterprise Private Limited and its officers. The core of the matter is the company's failure to file a resolution with the ROC, as required by the law.
Parties and Legal Context
The Adjudicating Officer is Keerthi Narayana, serving as the Registrar of Companies for ROC Ahmedabad. The officer was appointed for this role by the Ministry of Corporate Affairs, as per a Gazette notification dated March 24, 2015.
The order names several individuals alongside the company, Harsh Gathani Enterprise Private Limited, which has a Corporate Identification Number (CIN) of U74120GJ2010PTC061063. The individuals mentioned and their respective DINs are:

Dharmesh Rameshchandra Gathani (DIN 01597045)

Parag Rameshbhai Gathani (DIN 01598663)

Shrirang Shaunakkumar Bhatt (DIN 01775957)

Dhiren Vinodchandra Shah (DIN 02378727)

Dilipbhai Chinubhai Shah (DIN 08089704)

The violation is directly tied to Section 117(2) of the Companies Act, which mandates the filing of resolutions and agreements. The document details that if a company fails to file a resolution or agreement within the specified period, it faces a penalty. The penalties outlined in the law are ten thousand rupees for the company, with an additional one hundred rupees for each day of continued failure, up to a maximum of two lakh rupees. Officers in default face a similar penalty of ten thousand rupees, with an additional one hundred rupees per day of continued failure, up to a maximum of fifty thousand rupees.
Facts of the Default
The default was brought to light during an inspection. The Inspecting Officer's report to the Directorate observed that the company held a board meeting on June 1, 2014, during the financial year 2014-15. At this meeting, the board approved resolutions for exercising borrowing power and making investments under Section 186 of the Companies Act. However, the company failed to file the required MGT-14 form with the ROC for these resolutions, which constitutes a violation of Section 117(2).
The Regional Director, NWR, instructed that action be taken for this violation. The adjudicating officer had reasonable cause to believe that the company and its officers were liable for penalties.
An opportunity was given to the company's authorized representative to provide a statement and submissions. The company's response indicated that Dharmesh Rameshchandra Gathani, Dhiren Shah, Dilip Bhai Shah, and Shrirang Bhatt were not directors during the financial year 2014-15, the period under consideration. However, after reviewing the submissions and the Inspecting Officer's report, it was found that Mr. Parag Rameshbhai Gathani and Mr. Shrirang Shaunakkumar Bhatt were officers in default for the relevant period. The order concluded that both of these officers were liable for the penalties.
Final Order and Directives
The final order imposes penalties based on the findings. The penalties are as follows:

Rs. 2,00,000 imposed on the company, Harsh Gathani Enterprise Private Limited.

Rs. 50,000 imposed on Mr. Parag Rameshbhai Gathani.

Rs. 50,000 imposed on Mr. Shrirang Shaunakkumar Bhatt.

The order requires the notified officers to rectify the default and pay the penalty within 90 days of receiving the order. The payment must be made through the 'e-Adjudication' facility on the Ministry of Corporate Affairs website, and proof of payment must be uploaded to the portal. The penalties for the officers must be paid from their personal sources.
The document also provides information regarding the appeals process. An appeal against the order may be filed in writing with the Regional Director, RD Ahmedabad, within sixty days from the date of receipt. The appeal must be in Form ADJ and accompanied by a certified copy of the order. 
Download MCA Adjudication Order

Non-Filing of MGT-14 under Section 117(2) of the Companies Act, 2013

This document presents a formal order for penalty adjudication issued by the Registrar of Companies (ROC) Ahmedabad on June 24, 2025. The order, identified by ID PO/ADJ/06-2025/AD/00441, concerns a violation of Section 117(2) of the Companies Act, 2013. The action was taken against Harsh Gathani Enterprise Private Limited and its officers. The core of the matter is the company's failure to file a resolution with the ROC, as required by the law.

Parties and Legal Context

The Adjudicating Officer is Keerthi Narayana, serving as the Registrar of Companies for ROC Ahmedabad. The officer was appointed for this role by the Ministry of Corporate Affairs, as per a Gazette notification dated March 24, 2015.

The order names several individuals alongside the company, Harsh Gathani Enterprise Private Limited, which has a Corporate Identification Number (CIN) of U74120GJ2010PTC061063. The individuals mentioned and their respective DINs are:

Dharmesh Rameshchandra Gathani (DIN 01597045)
Parag Rameshbhai Gathani (DIN 01598663)
Shrirang Shaunakkumar Bhatt (DIN 01775957)
Dhiren Vinodchandra Shah (DIN 02378727)
Dilipbhai Chinubhai Shah (DIN 08089704)

Facts of the Default

The default was brought to light during an inspection. The Inspecting Officer's report to the Directorate observed that the company held a board meeting on June 1, 2014, during the financial year 2014-15. At this meeting, the board approved resolutions for exercising borrowing power and making investments under Section 186 of the Companies Act. However, the company failed to file the required MGT-14 form with the ROC for these resolutions, which constitutes a violation of Section 117(2).

The Regional Director, NWR, instructed that action be taken for this violation. The adjudicating officer had reasonable cause to believe that the company and its officers were liable for penalties.

An opportunity was given to the company's authorized representative to provide a statement and submissions. The company's response indicated that Dharmesh Rameshchandra Gathani, Dhiren Shah, Dilip Bhai Shah, and Shrirang Bhatt were not directors during the financial year 2014-15, the period under consideration. However, after reviewing the submissions and the Inspecting Officer's report, it was found that Mr. Parag Rameshbhai Gathani and Mr. Shrirang Shaunakkumar Bhatt were officers in default for the relevant period. The order concluded that both of these officers were liable for the penalties.

Final Order and Directives

The final order imposes penalties based on the findings. The penalties are as follows:

Rs. 2,00,000 imposed on the company, Harsh Gathani Enterprise Private Limited.
Rs. 50,000 imposed on Mr. Parag Rameshbhai Gathani.
Rs. 50,000 imposed on Mr. Shrirang Shaunakkumar Bhatt.

The document also provides information regarding the appeals process. An appeal against the order may be filed in writing with the Regional Director, RD Ahmedabad, within sixty days from the date of receipt. The appeal must be in Form ADJ and accompanied by a certified copy of the order.