CA Nilesh Sodhani (CA) (411 Points)
02 December 2009Can anyone brief me about the consequences if the Statutory Report is not filed with ROC?
Only Penalty of Rs. 5000 ?
or somewhere I have read Winding up procedures by a tribunal can also be ordered ?
Anybody please clarify ..
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 02 December 2009
YES as per section 433(b) your company may be wound up by the Tribunal if default is made in delivering the statutory report to the ROC.
CA Nilesh Sodhani
(CA)
(411 Points)
Replied 02 December 2009
Sir,
In that case who can apply for winding up petition ?
Is it correct to say that Registrar and Any person authorised by Central Government can apply only in case of Oppression and Mismanagement ?
In any other case, only the company itself, any creditor or contributory can apply, right ?
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 02 December 2009
In case of this default any person having valid grievance or cause of action against the company can apply for the winding up of the company subject to the satisfaction of tribunal.
However the tribunal may instead of making a winding up order, direct that the statutory report shall be delivered.
Please refer section-443(3).
C S Neelam Suthar
(CS)
(50 Points)
Replied 22 April 2016
Our company has recived show cauese notice for non filing of statutory report, What to do?/ Guide...
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