Condonation of delay under Section 141

Originally posted by : Ankur Garg
	Form 61 is not required at all. After collecting condonation letter simply file form 21 to ROC with letter as an attachment.

Thanks Ankur Ji for supporting my reply !!

Sir/Ma'am,

We filed Form 8 after 386 days of delay and we haven't approached CLB for condonation of delay. Now we filed Form 8 for fresh charge, we received system generated mail where it says "showing status as Work in progress" though we received payment confirmation a week ago.

Now what I supposed to do? Do I need to approach CLB for condonation of delay? If it so whats the procedure? or Is there any other way of doing?

Looking forward your reply.

Please ASAP...

Thanks in Advance...

Yes. in the first instance itself where there was a delay of 386 days you should have approached CLB for condonation of delay.

Anyway to know the status of your previous as well as the current Form 8, approach ROC and then proceed further.

Disagree with the point that eform 61 need not filed. Actually a copy of the petition u/s 141 should be served to the Registrar of Companies before sending to CLB and that is done by attaching the petition in e-form 61. Proof of filing the complete set of this petition to the Registrar of companies i.e acknowledgement of e-for 61 should also to be sent to the Company Law Board along with the petition.

Agree with Shyam. Even form 8 is to be filed only after filing Form 21 alongwith CLB's order condoning the delay.

Company had not filed satisfaction of charges in 1980 in Form 17. There is a delay of more than 30 years. The Financial Institution failed to give certificate of the current date.

Please advise how much panelty/fine the CLB may imposed under section 141 of the companies act for condonation of delay.

Thanks in advance.

CS.Lalit Mohan Sharma

 

Dear member,

Pls tell me whether it is needed to hire a PCS for applying for condonation of delay or can a CS in whole time employment of the concerned company do that?

Secondly,

it is a matter of confusion, whether Form 61 has to b filed or not and wen to file eform 8, after applying for condonation or before applying for same.

Can anybody, who has practically done this in near past, bring clarity to the procedure?

Thanks.

Originally posted by : Kiran Toshniwal
	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.

Hello All,

As this thread was started 2 years before, i would like to clarify few queries which have been already answered. I would like to know :

1. if there is any change in the Fees payable through Demand Draft and the Payee name details has any change??

2. The stamp papar for affidavit and Memorandum of Appearance has any change ??

please reply soon ...

thanks in advance

Originally posted by : Shridhi Jain
	Dear member, Pls tell me whether it is needed to hire a PCS for applying for condonation of delay or can a CS in whole time employment of the concerned company do that? Secondly, it is a matter of confusion, whether Form 61 has to b filed or not and wen to file eform 8, after applying for condonation or before applying for same. Can anybody, who has practically done this in near past, bring clarity to the procedure? Thanks.

Hi,

Condonation of delay under sec 141 should be proceeded after filing e-form 8, where in the RoC receipt you will very well find the number of days the form has been delayed and a mail from RoC relating to the same issue will be received by the CS who processes it. If you check out the format shared by Mr.Kiran you can very well find out that these are attachments to be placed in the petition drafted.

Regarding Form - 61. it is mandatory to file eform 61

I am not aware of your first question.

regards 

Hi All,

In my opine if the delay os upto 300 days file Form 8 and get the copy of challan as usual and make a petition to CLB and attach all the required documents with it Like-(1) Petition (2) Balance sheet (3) MOA & AOA (4) Resolution (5) Affidavit (on 10 Rs. Stamp Paper) (6) Memo of appearance (7) Copy of ROC mail, Form 8 with challan

Once the order is passed then upload 21 then this Form 8 will get approved.

So simple