Abhijit Ghosh (.) (618 Points)
19 October 2010A company have filed Form 8 (modification of charge) with delay of 34 days (without prior approval from R.O.C), now R.O.C. have sent a notice to file condonation of delay to Hon'ble CLB u/s 141.
1) Company is ready to file petition to CLB now the query is, whether Form 61 is necessary before filing petition to CLB (If yes) what should be the "Application for" in Form 61.
2) are there any requirement of letter from bank (if yes) please provide me the format
Nitin Grover
(CS)
(1228 Points)
Replied 19 October 2010
Dear Abhijit
No need for this. ROC has intimated you through Challan of it.
So file petition u/s 141 with Hon'ble CLB
Regards
Neetu Agrawal
(PCS)
(213 Points)
Replied 30 October 2010
Hi Abhijit,
I go with Mr. Nitin, as u file form 8 with the ROC , u r intimated through challan to approach CLB. So just file the petition us 141. Also form 61 is required to file before submitting to the petition to CLB.
So file form 61 with ROC, get a copy of form 61 n challan attached with petition and serve it to CLB.
In form 61 "APPLICATION FOR "OTHERS"......n specify for "condonation of delay under section 141".
Hope this serve ur purpose, in case of ne further query kindly contact at..
9970715860
Nitin Grover
(CS)
(1228 Points)
Replied 30 October 2010
Dear Friend
In My views no need to file Form 61. I have not filed form 61 before filing CLB Petition in any application how much i have filled.
If its need pls clarify.
Regards
Mayuri Lal
(officer CS)
(748 Points)
Replied 30 October 2010
i have the same confusion...n both the view given above are contraditory... please clear the confusion
Neetu Agrawal
(PCS)
(213 Points)
Replied 30 October 2010
Dear Mr. Nitin,
As far as my knowledge goes i hv filed form 61 in each n every petition of 141. It is just like informing the ROC that v r serving a petition to CLB. And in one of the cases i ws asked by the CLB officers to get a copy of Form 61 alongwith the challan.
Also form 61 does nt require ne filing fees, so better file form 61 as a good practice.
Nitin Grover
(CS)
(1228 Points)
Replied 30 October 2010
Thanks a lot Dear Neetu ji.
in more cases i will file but till now i have not filed in any petition(s).
Regards
K Mohamed Ibrahim
(Company Secretary)
(104 Points)
Replied 03 November 2010
Please clarify my doubt.
My understanding is, we can file Form 8 with additional fees for next 30 days. This 34 days means 30 days + 34 days. is it right.
Saroja
(ACS Trainee)
(903 Points)
Replied 09 April 2011
In my point ;
due date of filing 30 days for RoC , then next 3o days means filing with additional fee to Roc,then next 4 days means the doc fall in CLB petition..,
Example:
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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