Company Law Board-condonation of delay

Others 3434 views 2 replies

shankaR

Manager-Legal

55 Points Joined June 2009

Dear Friends,

We created a charge modification in July 2006 but could file FORM 8 due to some technical problems with ROC (wrong details in our company master data), which was duly raised with ROC vide letters for relevant corrections. We filed FORM 8 in Dec 2006 with reasons for delay. We thought its over and our reason for delay has been accepted. We didnt hear anything from ROC till Sep 2009, almost after (close to) three years asking us to file Form 21 u/s 141 petition. We received an email with SRN and with that i could get FORM8 and its contents. Thats how we found the information that i have provided above. we had subsequesnt charges created and the concerned bank didnt raise this question till now. I dont want to approach the bank and enquire as it may backfire.

Now, how to file condone the delay petiion. I need the procedures to comply with this request. I am aware that it has to be done through CLB.

Please let me know the procedures,forms,documents, fee and other details to comply with the requests.

thank you

shankaR

Replies (2)

gajanan d athavale

professional

31 Points Joined August 2008

you require to make an application for the condonation of delay in terms of the provisions of the Section 141 of the Companies Act, 1956 to the jurisdictional CLB Bench/s.

Explained in details the causes behind the delay taken place in petition to be filed with the CLB. one need to file form 8 for praying for the condonation of delay prior to making an application therefore.

after getting the CLB Order for the extention of time for filing of modification (eForm 8), filed the same ORDER via eForm 21 to the jurisdictional RoC along with the eForm 8 (if it is not filed earlier)

for further information pl. visit www.clb.nic.in.

Gajanan D. Athavale

Deepanshu Aggarwal

115 Points Joined March 2010

The Company has defaulted in complying with the provisions of the Section 159, 166, 220, 210 of the Companies Act, 1956 (Non Filing of Annual Return, NOn Holding of AGM, Non Filing of Balance Sheet, Non Laying of Balance Sheet befoire AGM)

Now, the Company desire to make an application to the Registrar of Companies for compounding of offence to the registrar

Can any one send me the draft application to be made to registrar for compounding of offence u/s 621A.