Deepanshu Aggarwal (NA) (115 Points)
26 April 2010The company has created a charge with the bank agreement dated 01.12.2009. the company has unable to register the charge with the ROC till date. now the Company wants to condone the delay u/s 141
Can anyone send me the Draft Petition top CLB in Form 1to condole the said delay
J. Manivannan
(Advocate & IP)
(242 Points)
Replied 26 April 2010
BEFORE THE COMPANY LAW BOARD, SOUTHERN REGION BENCH, CHENNAI COMPANY PETITION NO. / 141/SRB/2010
IN THE MATTER OF COMPANIES ACT, 1956 SECTION 141
AND IN THE MATTER OF ABC PRIVATE LIMITED
M/s. ABC PRIVATE LIMITED, PETITIONER
VERSUS
THE REGISTRAR OF COMPANIES
TAMIL NADU MADRAS RESPONDENT
PETITION FOR CONDONATION OF DELAY IN FILING THE PARTICULARS OF CREATION OF CHARGE WITH THE REGISTRAR OF COMPANIES.
DETAILS OF PETITION
1. Particulars of the Company:
The applicant is ABC PRIVATE LIMITED, above named Company, the petitioner herein was registered on 20.02.2004 under the name ABC PRIVATE LIMITED under the provisions of the Companies Act 1956 as Limited Company. The Company is borne on the Registers of the Registrar of Companies; under No.________of 2004. The Registered office of the Company is situated at ______________
The capital Structure of the Company is as follows:
Authorised Capital
150,000, shares of Rs. 10 each Rs. 1,500,000.
Issued and paid up capital
150,000, shares of Rs. 10 each Rs. 1,500,000.
The main objects in brief:
To carry on and to undertake profession of management consultancy services in the areas of strategic consulting, financial advising, cost reduction, process reengineering, technology enabled process improvement, project management, human resources and allied areas for all industries.
2. Particulars of the Petitioner:
The Company itself is the petitioner.
3. Particulars of the Respondent:
The Registrar of Companies, Chennai.
4. Jurisdiction of the Bench:
The Petitioner hereby declares that the subject matter of the petition is within the
Jurisdiction of Southern Region Bench at Chennai, as per Regulation 7 (2).
5. Limitations
Not applicable.
6. Facts of the case are given below:
On _________(Date) the petitioner Company had obtained a loan of Rs.15 lakhs from _______________(Bankers and Address) by hypothecation of movable property of the Company (book debts and receivables) to the bank. Pursuant to the requirements of section 125 of the Companies act, 1956, the particulars of above mentioned creation of charge together with instrument by which the charge was created or a copy thereof verified in the prescribed manner, should have been filed with a Register of Companies, Chennai, for registration within 30 days after the date of creation i.e. on or before __________, but the same was submitted for filing only on __________(date) after a delay of __________ days.
The Registrar had therefore required the resubmission of Form No.8. Therefore the company has now approaches the Board for condonation of delay, as provided under section 141 of the Companies Act, 1956 to get time for filing extended up to and inclusive of ___________(date). A copy of the filed Form 8 as enclosed herewith.
The petitioner humbly submits that the delay in filing Form No.8 had happened by oversight which is neither intentional nor willful and immediately on coming to know about the default the Company took immediate steps to file the requisite forms with the Register of Companies. The inadvertent delay is very much regretted.
This does not prejudice the position of the creditors or shareholders of the Company in any manner.
In view of the above the petitioner of the Company filed the petition before the Company Law Board Southern Region Bench.
7. Matters not previously filed or pending with any other court:
The petitioner further declares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this petition has been made, before any court of law or any other authority or any other Bench of the Board and not any such application writ petition or suit is pending before any of them.
8. Relief (s) sought:
In view of the facts mentioned in Para 6 above, the Petitioner prays for the followings.
a. That the delay of _________ days in filing the Form No.8 be condoned and
time for filing the said Forms be extended upto and inclusive of _________(Dt) and
b. That such other order may be made as in the circumstances of the case, the
Hon'ble Bench may deem fit.
9. Interim Order, if any, prayed for:
Nil
10. Particulars of Bank Draft evidence payment of fee for the Petition or application made:
Enclosing herewith a Demand Draft favouring THE PAY AND ACCOUNTS OFFICER, MINISTRY OF CORPORATE AFFAIRS, payable at Chennai for Rs. 200 bearing No. dated.
11. List of Enclosures:
a. Copy of Form No.8 along with payment challan filed with the Registrar of
Companies, Chennai.
b. Affidavit verifying the petition.
c. Bank Draft evidencing payment of application fee.
d. Memorandum of appearance with copy of the Board Resolution.
e. Copy of Form –61 filed with the Registrar of Companies.
Place : Chennai
Date :
AFFIDAVIT VERIFYING PETITION
(Pursuant to regulation 5 of CLB Regulations 1991)
Before the Company Law Board, Southern Region Bench, Chennai
In the matter of Companies Act, 1956 (1 of 1956) Section 141
In the matter of M/s. ABC PRIVATE LIMITED, Chennai, PETITIONER
I, Ajith Kumar, S/o.Mani, aged about years, at present residing ______________, do solemnly affirm as follows:
I am the Managing Director of the M/s. ABC PRIVATE LIMITED, the petitioner in the petition above mentioned and I am duly authorized to make this affidavit on its behalf.
The statement made in the paragraphs 6&7 of the enclosed petition are true to my knowledge and the statements made in the paragraphs 1 & 4 are based on the information derived from the records of the Company and I believe them to be true.
I swear/ solemnly affirm that this declaration is true that it conceals nothing and no part of it is false.
Date:
Place: Chennai. DEPONDENT
Solemnly affirmed, before me .
FORM NO. 5
(See regulation 18 (3))
MEMORANDUM OF APPEARENCE
To,
The Bench Officer,
Company Law Board
Southern Region Bench
Chennai.
Before the Company Law Board, Southern Region Bench, Chennai
In the Matter of Section 141 of the Companies Act 1956,
And
In the Matter of M/s. ABC PRIVATE LIMITED.
Sir,
Please take notice that I, XXXXX, Company Secretary in whole time practice, duly authorized to enter appearance, on behalf of the M/s. ABC PRIVATE LIMITED, Chennai, petitioner in the above mentioned application.
The Board resolution authorizing me to enter appearance and to act for every purpose connected with the proceedings for the said party is enclosed duly signed by me for identification.
Yours sincerely,
XXXXX
Address.
Note:
After getting the order from Company Law Board, which should be filed in eForm-21 with Registrar of Companies within 30 days from the receipt of said order, then SRN of Form21 must be filled in Form-8 and same resubmits to Roc for approval.
S. Satheesh Kumar
(Assistant Company Secretary)
(84 Points)
Replied 26 April 2010
CAclubindia
