Condonation of delay under section 460

This query is : Resolved

GAURI GOKHALE (Querist)
Follow

05 December 2016 Kindly PL share draft application to be made to central governement for condonation of delay pursuant to requirements of Section 460 of Companies Act, 2013, ( FOR NOT FILLING FORMS/LATE FILLING) FOR FILLING FORM CG-1

Thanks

Jatin Bajaj

Jatin Bajaj (Expert)
Follow

05 December 2016 Date – 00-00-0000

To

The Secretary,

Ministry of corporate affairs,

Government of India,

Shastri Bhawan, New Delhi

Subject – Condonation of delay under section 460 of the Companies Act, 2013. (Reference – SAINSONS PAPER INDUSTRIES LIMITED)

With reference to the above subject, we hereby submit as under:-

Details of applicant – The Company ABC LIMITED, was originally registered on 00.00.0000 Under the Companies Act, 1956 vide CIN 0000000000000000000 in Haryana. The registered office of the company is situated at ____________________________________________________. The authorised capital of the company is INR _______________.00 (Rupees _________________) divided into _______________/- (Rupees ___________________________) equity shares of INR 10 (Ten) each and the paid up share capital of the company is INR __________________________.00 divided into ________________Equity shares of INR 10 (Ten) each.

The objects of the company are set out in clause III A in the Memorandum of Association of the company annexed as an annexure I.

Jurisdiction – Section 460, Notwithstanding anything contained in this Act, 2013

(a) Where any application required to be made to the Central Government under any provision of this Act in respect of any matter is not made within the time specified therein, that Government may, for reasons to be recorded in writing, condone the delay; and

(b) Where any document required to be filed with the Registrar under any provision of this Act is not filed within the time specified therein, the Central Government may, for reasons to be recorded in writing, condone the delay.

That the applicant declares that this Central Government has jurisdiction to entertain this application.

Facts of the case – The applicant company hereby state that it had passed an board resolution under section ______________ read with rules made there under and other applicable provisions of companies act 2013 in its board meeting held on ___________________________. As per rule ______________________________of companies act, 2013 E-form MGT-14 is required to be filed on or before _______________________________ but the company could not file E-form MGT-14 in prescribed time. The copy of board resolution annexed with this application as an annexure – II.

Reason – The non filing of resolution in E-form MGT-14 occasioned due to the reason that the assignment of filing the said form was given to a professional, who could not file the same due to his pre-occupations elsewhere. Further the company had no qualified professional in employment who could appreciate/do the compliances well in time and co-ordinate with the management of the company. The default comes into notice of the company when board was due diligence records of the company.

Further in this regard it is stated that the alleged offence of delay in filing of E-form MGT-14 was committed due to inadvertence that it was without any wilful or mala fide motive and was purely unintentional.

Relief Sought – That the non-compliance of the provisions of section _________________read with rules made there under and other applicable provisions of companies act 2013 for non filing of board resolution passed under _______________________________________of companies act, 2013 in MGT-14 be condonated as the company never had any mala fide intention.

For ABC LIMITED

(MD/DIRECTOR)

DIN – 000000000000000000

( kINDLY FIND ATTACH THE ABOVE FORMAT TO FILE THE APPLICATION TO CG FOR CONDONATION OF DELAY