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Discussion > Corporate Law > MCA >

Condonation of delay under Section 141

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student


[ Scorecard : 34]
Posted On 18 March 2010 at 14:24 Report Abuse

Dear Friends,

 

Can anybody provide me the detailed procedure for condonation of delay under section 141 of the Companies Act, 1956

before the CLB, Chennai.  The delay is in filing Form No.8 by about 4 months.  What is the fees to be payable in this regard.

 

Santhosh Kumar



Total thanks : 2 times

Online classes for CA CS CMA



Kiran Toshniwal
Practicing Company Secretary


[ Scorecard : 142]
Posted On 18 March 2010 at 17:12

Hi,


Please find the attached copy of draft petition to CLB for condonation of delay u/s. 141

Procedure is as follows:

  • Draft the petition and other related documents.
  • Get it signed from the client
  • File form 61 with ROC
  • Attach form 61 and e-form process to the petition ans send it to concerned CLB.

Note: In case of Form 8, Before sending to CLB, send a copy of petition to concerned Bank along with a covering letter.

Let me know if anything else to be taken into consideration.



Attached File : 37 141 condonation of delay.doc downloaded 4122 times

Total thanks : 2 times




Rasesh
CS CWA MBA (Fin) B.Com LL.B (Spl)


[ Scorecard : 6441]
Posted On 19 March 2010 at 00:19

At what stage Form 8 has to be filed. ie. before getting approval from the clb or after the clb order and filing of form 21.




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3602]
Posted On 21 March 2010 at 14:29

Hello Everybody !

 

I want to know the whole procedure for filing petition u/s 141.

 

the detail for the same is as under :-

 

Company is a Private Limited company registered with ROC, Gwalior (M.P.)

Amount of Charge : Rs.10,000,000.00 (One Crore Only)

Date of Repayment of Loan : 30-Mar-2009 (as per Certificate of No Dues issued by Bank on 28-May-2009)

Date of filing Form 17 : 28-May-2009 (SRN .........)

  

I have prepared the documents as attached / shared by Mr. Kiran Toshniwal above..

 

Now what steps to be taken for obtaining order from CLB, Mumbai ?

  

Also tell me the overall approx expenses for the same?




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3602]
Posted On 21 March 2010 at 14:49

Originally posted by : Kiran Toshniwal

Hi,



Please find the attached copy of draft petition to CLB for condonation of delay u/s. 141

Procedure is as follows:


Draft the petition and other related documents.

Get it signed from the client

File form 61 with ROC

Attach form 61 and e-form process to the petition ans send it to concerned CLB.


Note: In case of Form 8, Before sending to CLB, send a copy of petition to concerned Bank along with a covering letter.

Let me know if anything else to be taken into consideration.

I think form61 is not requried...!!!


After the order is passed by the Bench, a copy of the order duly certified will be delivered to the Registrar along with e-Form 21 of the General Rules electronically and also physical certified copy of the orders needs to be delivered
to the Registrar.

Notice of the court or the company law board order Form 21




Kiran Toshniwal
Practicing Company Secretary


[ Scorecard : 142]
Posted On 23 March 2010 at 11:43

 

 

 

Hi,

In my opinion,

 Form 61 is required to be filed.

A copy of Form 61 along with e-form process is required to be attached to the petition.

The fees of Rs.200/- payable shall be paid by means of a Bank Draft drawn in favour of Pay and Accounts Officer, Department of Company Affairs, New Delhi/Bombay/Calcutta/Madras.

Buy the Stamp paper for Affidavit verifying the petition and Memorandum of Appearance of Rs. 20 /-and Rs. 100/- respectively. And get it notarized.




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3602]
Posted On 23 March 2010 at 12:27

Dear Kiran !
 

Wats the procedure for petition u/s 141 for delay filed Form17 ????




Ankur Garg
Company Secretary and Compliance Officer


[ Scorecard : 103568]
Posted On 23 March 2010 at 17:39

Originally posted by : Rasesh

At what stage Form 8 has to be filed. ie. before getting approval from the clb or after the clb order and filing of form 21.

Obviously before filing petition to CLB for condonation.




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3602]
Posted On 23 March 2010 at 17:51

Ankur Sir... !

  

whats the procedure according to u? form61 is needed or not?




Ankur Garg
Company Secretary and Compliance Officer


[ Scorecard : 103568]
Posted On 23 March 2010 at 18:21

Form 61 is not required at all.

 

After collecting condonation letter simply file form 21 to ROC with letter as an attachment.



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