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Delay in filing 21

sharad ( ) (157 Points)

16 February 2012

I had to file a form 21 within 30 days of passing the order. But was not able to file the same.

Did I have to intimate to CLB or to any other authority for late filing for Form-21, or it will be uploaded like any other forms with a penalty only??

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8 Replies

CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 16 February 2012

File it normal you have to pay additional fee

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AMIT MISHRA (Legal Professional) (393 Points)
Replied 17 February 2012

Hi Sharad,

As per my opinion, as appears prima facie,You will be required to approach clb for condonation of delay in filing the clb order (as may be the case) with a demand draft of Rs. 50.

Thanks & Regards

Amit Mishra

B. Samrish & Co.

New Delhi

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prakash (Company Secretary) (1352 Points)
Replied 17 February 2012

Dear all,

Form 21 is to be filed within period specified in the order, Any delay in filing the form can only be condoned by the CLB passing the order. ROC has got no power to condone the delay.

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Monika Bachhawat (Chartered Accountant) (211 Points)
Replied 17 February 2012

YOu need to File a petition in the CLB, asking for extension of time

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sharad ( ) (157 Points)
Replied 18 February 2012

Thanks to all.

But still there is confusion that, the petition is to be filed before the filing of Form 21 OR after filing of Form 21. And the form was to be filed by 13th of Dec,2011.

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prakash (Company Secretary) (1352 Points)
Replied 18 February 2012

As per my opinion petition should be filed before filing of Form 21.

sharad ( ) (157 Points)
Replied 18 February 2012

Is there is any particular format or just a letter directing to the CLB??

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 18 February 2012

Any order of the Court is to be intimated to the ROC within specied period, normally 30days. However, in case of delay you have to condone the delay only payment of additional fee would not serve the purpose.