F. NO:9/MISC/EAGELSIGHT MEDIA/ADJ/SEC 12 OF CA2013/ROC

BEFORE THE REGIONAL DIRECTOR, SOUTH EAST REGION MINISTRY OF CORPORATE AFFAIRS, HYDERABAD IN THE MATTER OF COMPANIES ACT, 2013 IN THE MATTER OF EAGLESIGHT MEDIA PRIVATE LIMITED

Mor. Gangadharappa Munidra Kumar

• (DIN: 03597251)

• S/o Mr Gangadharappa, aged 52 years Residing at No. 227, 4% Stage Industrial Town, West of Chord Road, Rajaji Nagar, Kalyani Nagar, Bangalore-560043, Karnataka

• )

bitititeieteeeeeeeeeees Appellant

Date of hearing: 19.05.2025 Present: Mr.Anandteerth Hipparagi, CS

ORDER

1. This is.an appeal filed under section 454(5) of the Companies Act, 2013 by the above appellant Mr. Gangadharappa Munindra Kumar, in physical form vide application dated against the adjudication order No. ~ROC(B)/Adj.Ord.45412(1)/Eaglesight/Co.No.071410/2024 dated 22.05.2024 under section 454 read with section 12 (1) of the Companies Act, 2013 passed by the Registrar of Companies, Bangalore for default in compliance with the requirements of Section 12 (1) of the Companies Act, 2013.

2. As the appellant has not filed ADJ form online, this office has sought a report from ROC. Pursuant to the above, ROC vide his report dated 23/01/2025 has stated that since the appeal is being filed by the appellant in the capacity of erstwhile MD of the Company, the system is not allowing to file the ADJ by an individual. Hence the PCS has filed serious complaint form vide SRN J00098187 dated 08.07.2024.

3. Registrar of Companies in his order of adjudication has stated that a notice was sent to company which was returned undelivered with postal remarks “No such media this address”. Hence, the penalty is imposed as per Section 12(8) of the Companies Act, 2013.

4. ROC, Bangalore had issued adjudication notice dated 22.05.2024 and imposed a

ee penalty vide their adjudication order No.ROC(B)/Adj.Ord.454-

PON 12(1)/Eaglesight/Co.No.071410/2024 dated 22.05.2024, Rs. 50,000/- on

fEas ge an Company and Rs. 50,000/- on its defaulting officer., namely Ms.Gangadharappa

.

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)/Adj.Ord.454-

PON 12(1)/Eaglesight/Co.No.071410/2024 dated 22.05.2024, Rs. 50,000/- on

fEas ge an Company and Rs. 50,000/- on its defaulting officer., namely Ms.Gangadharappa

.

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Munindra Kumar, Managing Director and the present appellant (total aggregating to Rs.50,000/-) for non-maintenance of registered office during the period 28/07/2023 to 14/03/2024.

5. Aggrieved by the said order dated 22.05.2024, the applicant/Appellant herein has filed the instant appeal and the matter was fixed for hearing on 19.05.2025. The authorized representative, Mr.Anandteerth Hipparagi, CS, Company secretary appeared on behalf of the appellant.

6. The Authorised Representative of the appellant has submitted copy of the minutes of the Board meeting held on 28/03/2014, wherein his resignation was accepted by the Board. He has also produced copy of the statement of witness (Crossexamination) of the other director recorded in a case before the Hon’ble XV Addl. City Civil & Sessions Judge, Bengaluru in OS 963/2015, wherein the other director has accepted that the appellant had resigned from the company in 2014. The AR of the Appellant has further stated that as the company had failed to file DIR-12, after his resignation, despite several requests, the appellant had filed DIR-11 in 2019.

e company in 2014. The AR of the Appellant has further stated that as the company had failed to file DIR-12, after his resignation, despite several requests, the appellant had filed DIR-11 in 2019.

7. Considering the above submissions of the appellant, the appeal is allowed and the penalty levied by the RoC (Bangalore) in their order dated 22/05/2024 on the appellant Mr Gangadharappa Munidra Kumar is set aside, as the appellant was not the officer-in-default. Further, RoC is advised to take further course of action against the company and the other director if the company has not paid the penalty amount levied, since neither the company nor the other director has filed an appeal in this Directorate against the RoC order.

8. The Appeal is hereby disposed of.

• Issued under my hand and seal on this the Pee. day of Ave 2025.

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Copy for information and necessary action to:

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1. Registrar of Companies, Ministry of Corporate Affairs, Bangalore, Karnataka.

2. The Joint Secretary, E-Governance Cell, Ministry of Corporate Affairs, New Delhi.

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