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santhosh kumar (student)     18 March 2010

Condonation of delay under Section 141

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



 19 Replies

Kiran Toshniwal

Kiran Toshniwal (Practicing Company Secretary)     18 March 2010

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: 4585 times
2 Like
Rasesh

Rasesh (CS CWA MBA (Fin) B.Com LL.B (Spl))     19 March 2010

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.

SHAYVIDZ Academy

SHAYVIDZ Academy (Mentor at SHAYVIDZ Academy)     21 March 2010

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?

SHAYVIDZ Academy

SHAYVIDZ Academy (Mentor at SHAYVIDZ Academy)     21 March 2010

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

Kiran Toshniwal (Practicing Company Secretary)     23 March 2010

 

 

 

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.

SHAYVIDZ Academy

SHAYVIDZ Academy (Mentor at SHAYVIDZ Academy)     23 March 2010

Dear Kiran !
 

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

Ankur Garg

Ankur Garg (Company Secretary and Compliance Officer)     23 March 2010

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.

SHAYVIDZ Academy

SHAYVIDZ Academy (Mentor at SHAYVIDZ Academy)     23 March 2010

Ankur Sir... !

  

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

Ankur Garg

Ankur Garg (Company Secretary and Compliance Officer)     23 March 2010

Form 61 is not required at all.

 

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

1 Like
SHAYVIDZ Academy

SHAYVIDZ Academy (Mentor at SHAYVIDZ Academy)     24 March 2010

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 !!

M.Sathish Kumar

M.Sathish Kumar (CA Practice)     16 December 2010

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...

Jayashree S Iyer

Jayashree S Iyer (Company Secretary)     16 December 2010

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.

Syam kamal

Syam kamal (Company Secretary)     16 December 2010

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.
1 Like
Jayashree S Iyer

Jayashree S Iyer (Company Secretary)     16 December 2010

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


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