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Regarding Form 8 filling

24 March 2011

Hi! I need a guidance that one company is defaulter for filling Form 8 for the year 2010 and condonation of delay is pending with Hon'ble CLB now bank wants to file modifiation Form 8 for the year 2011.

It is possible to file Form 8 for year 2011 before approval of form 8 for the year 2010.

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5 Replies

palak (cs) (385 Points)
Replied 24 March 2011

IF COMPANY HAS MADE DEFAULT IN FILING F-8 (I.E 60 DAYS OR MORETHAN) THAN IT MUST FILE THE PETITON WITH CLB.

ONCE CLB ORDER MADE ,U HVE TO FILE FORM 21 WITH ROC.

AND I THINK AFTER THIS ONLY U CAN FILE OTHER F- 8 I.E FOR MODIFICATION.

OTHER MEMBERS VIEW R APPRECIABLE.

I M RIGHT OR WRONG?

ADVICE PLZ

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Sudhir Garg (Service) (236 Points)
Replied 25 March 2011

I dont think so it is possible to file modification first without having charge ID. But waiting for CLB order may cause modification filing delayed.

I am not sure but as per my opinion, you may please file the modification first treating the same as new. It will ensure your timely filiing with the ROC office. Make sure to have talk with bank for the same. i dont think Bank will be having any problem. Once CLB passes the order (for 2010 charge), file the same with ROC office. Please make sure to file satisfaction letter of the later filed Form 8.

Other views are welcomed.

Regards- Sudhir

Jaideep (Service) (1368 Points)
Replied 25 March 2011

Hi,

As the condonation of delay is pending with Hon'ble CLB, you can submit additional application in CLB, like submitting additional facts in court while case is pending. CLB will take the notice of the same and accordingly order will be issued.

Regards

Jaideep Pandya