Abhijit Ghosh (.) (618 Points)
12 September 2010Form 8 has filled after due date by bank, now a message has sent form ROC to file condonation of delay at CLB. What is procedure to file condonation at CLB whether physically have to move at CLBor have to send letter?
And who is responsible to file the condonation of delay to CLB whether the Company or the Bank.
Shraddha Shukla
(Corporate law Consultant)
(346 Points)
Replied 13 September 2010
you require to make an application for the condonation of delay in terms of the provisions of the Section 141 of the Companies Act, 1956 to the jurisdictional CLB Bench/s.
Explained in details the causes behind the delay taken place in petition to be filed with the CLB. one need to file form 8 for praying for the condonation of delay prior to making an application therefore.
after getting the CLB Order for the extention of time for filing of modification (eForm 8), filed the same ORDER via eForm 21 to the jurisdictional RoC along with the eForm 8 (if it is not filed earlier)
for further information pl. visit www.clb.nic.in.
girish
(sr officer accounts )
(43 Points)
Replied 06 December 2010
Date of Sanction letter issued by Bank for enhancement of loan - 08/11/2010.
Date of Agreement between Bank & Company for the above sanction - 05/12/2010.
Whether due date for filing form 8 with ROC is 07/12/2010 (i.e. 30 days from 08/11/2010) OR 04/01/2011 (i.e. 30 days from 05/12/2010)?
Monali
(Company Secretary)
(34 Points)
Replied 06 December 2010
The due date for filing e-Form 8 will be 04/01/2011 as the section states that charge should be filed within 30 days from the date of the instrument creating or evidencing the Charge.
Nitin
(CA practice)
(436 Points)
Replied 11 February 2012
The Request for condonation of dealy is to be filled by the bank or by the company?
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