Condonation of Delay of INC-28

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CS Suraj Bhardwaj

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Jun 22, 2018, 1:15:12 AM6/22/18
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Dear All,

Please help,
 
the high court order is filled to roc in form INC-28 after four-month is still pending for approval, because INC-28 is filled delayed 
now i have visited roc  they are saying please fill INC_28 for condonation of delay of INC-28, 
Please guide me with further process for the same.


sajal saxena

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Jun 22, 2018, 4:30:02 AM6/22/18
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Hi,

You need to apply for the condonation of delay to CG. File CG order in INC -28 

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Sajal Saxena
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CS Suraj Bhardwaj

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Jun 23, 2018, 5:37:00 AM6/23/18
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I cant not file CG-1 because company status is under liquidation. 

Inc-28 is marked as Pending for INC-28 by roc, means i need to condone the same.
but the question is how?

Govinda Patil

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Jun 25, 2018, 12:00:27 PM6/25/18
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Pl tell me how did ROC classified it as  under liquidation without taking on record  INC 28.
Pl check the status again.

Or visit ROC and enquire  , under which form it was mentioned as  under liquidation.

CS Suraj Bhardwaj

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Jun 26, 2018, 4:28:58 AM6/26/18
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INC-28 is filed to chnaged the status of company.

some creditor has filed in high court for winding up
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Govinda Patil

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Jun 26, 2018, 5:28:28 AM6/26/18
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​That means   in the winding up petition, High Court   has passed the order of winding up.
The creditor  who had filed petition  has filed  the order of High Court  based  with MCA on which ​ ROC  has marked company as  Under Liquidation.
Order  is to be filed from the company's side which is delayed .

Hence now  to to High Court/NCLT  seeking condonation of delay in  filing the order.
Forum will pass appropriate order  extending the time to file the order.
First file that order  and then  the original order. - for which  in  my opinion there will be  no additional fees.
For  condonation    from NCLT  or Court no CG 1 is to be filed. It is manual   petition. 

But it will take time 

Anyway as  company is under liquidation, there are no  forms  to be filed by you with MCA.

Hope it is clear.






Govinda K Patil
Practising Company Secretary
B-2/1, Kailash Housing Society
Shastrinagar,Kothrud
Pune  411029
Cell: 9823231660




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CS Suraj Bhardwaj

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Jun 26, 2018, 9:30:42 AM6/26/18
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Thankyou so much.

clear answer given by you.
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