Garuda Aerospace Limited Faces Penalty for Delayed Filing of Board Resolution — ROC Chennai Order

Overview of the Adjudication Order

The Registrar of Companies (ROC), Chennai, passed an adjudication order imposing monetary penalties on Garuda Aerospace Limited and its officers in default for failing to file Form MGT-14 within the statutorily prescribed period. The violation pertains to Section 117(2) of the Companies Act, 2013, which mandates timely filing of board resolutions with the Registrar. The order, bearing Order ID: PO/ADJ/03-2026/CN/01823, was passed on 26th March 2026 by the Adjudicating Officer appointed under Section 454 of the Companies Act, 2013.

Background and Company Details

Garuda Aerospace Limited (CIN: U74900TN2015PLC102474) is a company incorporated under the provisions of the Companies Act, 2013, with its registered office at Third Floor, Agni Business Centre, No. 24/46, K B Dasan Road, Alwarpet, Chennai, Tamil Nadu – 600018.

The adjudication was initiated based on a voluntary e-adjudication application filed by the company itself, along with a physical application, before the ROC Chennai. The individuals identified as officers in default are:

  • Agnishwar (DIN: 02288785)
  • Rithika Mohan (DIN: 08116670)

Appointment of the Adjudicating Officer

The Ministry of Corporate Affairs, through Gazette Notification No. S.O. 698(E) dated 10/02/2026, appointed the undersigned as the Adjudicating Officer in exercise of powers vested under Section 454 of the Companies Act, 2013, read with the Companies (Adjudication of Penalties) Rules, 2014. This authorisation empowers the officer to adjudge and impose penalties for contraventions of the Act.

Section 117(1) — Filing Obligation

Section 117(1) of the Companies Act, 2013 requires that a copy of every resolution or agreement falling within the categories specified in Section 117(3), along with the explanatory statement under Section 102 (if any), must be filed with the Registrar within thirty days of the passing or making of such resolution. The filing must be made in the prescribed manner and accompanied by the applicable fees.

Section 117(2) — Penal Consequences for Default

Section 117(2) provides the following penalty framework for failure to comply with Section 117(1):

  • For the company: A penalty of ₹10,000 for the initial default, plus ₹100 per day for each day of continuing default, subject to a maximum of ₹2,00,000.
  • For every officer in default (including the liquidator, if applicable): A penalty of ₹10,000 for the initial default, plus ₹100 per day for each day of continuing default, subject to a maximum of ₹50,000.

Section 117(3)(g) — Resolutions Requiring Filing

Section 117(3)(g) covers resolutions passed in pursuance of Section 179(3) of the Companies Act, 2013.