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Condonation of delay under Section 141

Page no : 2

LALIT MOHAN SHARMA (PCS) (22 Points)
Replied 18 April 2011

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

 

Shridhi Jain (Company Secretary) (1678 Points)
Replied 12 October 2011

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.

swathi (Trainee) (28 Points)
Replied 29 May 2012

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

swathi (Trainee) (28 Points)
Replied 29 May 2012

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 

prem kumar jha (student) (27 Points)
Replied 09 June 2012

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


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