21 January 2011
Dear members A company has filed balance sheet and P&L upto 2006. It shows a secured loan of Rs. 35.20 lacs and fixed asset(land of 20 lacs). As viewed from the index of charges on MCA portal it has got Rs. 40 lacs charge created in 2003 and Rs. 12 lacs charge created in 2001. The company stopped working from 1.1.2008. It has settled the loan to the banks ie. 40+ 12 lacs in 2007. But it has not filed form 17. Now the company wants to utilizethe EES 2011 and get its name striken off. What is the procedure to file form EES 2011, as the charge is still pending? Can the company file Form 17 for the loan closed in 2007 and then file EES,2011? Kinldy clarify whether CLB to be approached for condoning this delay in filing Form 17? Members if anyone has come across such a situation, kindly guide me.
21 January 2011
In my opinion, you have to first approach CLB for condonation of delay. On receipt of CLB Order, you will have to file a certified true copy of the CLB order in prescribed Form 21 within 30 days from the date of certified true copy of the order. Then File Form 17. Only when Form 17 has been approved, you can apply for registration under EES, 2011.
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