Re: [professional_support] Critical Analysis - Strike off Companies

[CS Thirupal Gorige]

No , We can't. NCLT is not authorised under any provisions of the Act to remove the disqualification.

Thanks & Regards,

CS Thirupal Gorige

Practising Company Secretary and Insolvency Professional

No. 87, 2nd Floor,21st Cross,
7th Main, N S. Palya, BTM 2nd Stage,
Bangalore-560076, India
LL +91 80  40971818 / 6532 2360/ HP: 9448384064

No.IBBI/IPA-002/IP-N00016/2016-17/10030

On 2 March 2018 at 08:08, Shweta Naik <csshwe...@gmail.com> wrote:

Can we do additional prayer in the petition to NCLT to Remove Disqualification of Director?

On Monday, February 26, 2018, Divesh Goyal <csdive...@gmail.com> wrote:

Dear Professionals,

Please find attached file for critical analysis of Strike off Companies.

You can get daily updates on whatsapp on 8130757966

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Best regards,

​​

CS Divesh Goyal

Practicing Company Secretary

GOYAL DIVESH & ASSOCIATES

| Prop. | + 91-8130757966, 8130657778

| csdive...@gmail.com | Blog- Corporate Articles |

______________________________________________________________
H-17/ 265, 2nd Floor, Sector - 7, Rohini, New Delhi - 110085  

______________________________________________________________

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Regards

Shweta Naik

Company Secretary

+91 9422521748

[Vivek Hegde]

Dear Sir,

Can NCLT take a call based on the powers given under Section 252(3)? I have highlighted the relevant portion.

(3 )If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of companies, and the Tribunal may, by the order, give such other directions and make such provisions as deemed just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off from the register of companies.

PS: My e-mail address has been changed. Please use vi...@vivekhegde.in for future correspondence. 

Warm Regards

CS Vivek Hegde, FCS, CMA

*******************************

Vivek Hegde & Co.

Company Secretaries
Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave

Kumaraswamy Layout 2nd Stage , Bangalore-560061

Mob: +91 9900898223; Off: +9180 26663577

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[Vivek Hegde]

No. NCLT is reviving all the Companies struck off under Section 248(1) having operations. Your interpretation may not be correct. 

Warm Regards

CS Vivek Hegde, FCS, CMA

Vivek Hegde & Co.

Company Secretaries

Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave, Kumaraswamy Layout 2nd Stage , Bangalore-560061

Mob: +91 9900898223; Off: +9180 26663577

On Sat, 3 Mar 2018, 12:49 pm Omkar Deosthale, <csomkard...@gmail.com> wrote:

IN mY view, SUb-section (3) of section 252 is not a remedy available when the action of RoC is under Section 248(1). 252(3) is available only when action is under section 248(2) due to the wording that "Company having its name struck off...." used in section 252(3)...

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Regards

Shweta Naik

Company Secretary

+91 9422521748

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Thanks and regards
CS Omkar Deosthale
Company Secretary in Practice
09767979858
Pune

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[Ankit Saroha]

​Amendment of Section 403 is not notified yet.​

On Sat, Mar 10, 2018 at 12:11 PM, Shivani <shivani...@gmail.com> wrote:

Hi,

Can anyone tell me ? Is there any notification regarding when the penalty of INR 100 per day for delay in Annual Filing (Amendment of Section 403) will be applicable.

Thanks & Regards,

Shivani Ahuja
Mob: +91-9717434816, 9599108549

On Fri, Mar 9, 2018 at 1:24 PM, Divesh Goyal <csdive...@gmail.com> wrote:

need to complete annual filing before apply f0r strike off

-----------------
Best regards,

CS Divesh Goyal

Practicing Company Secretary

GOYAL DIVESH & ASSOCIATES

| Prop. | + 91-8130757966, 8130657778

| csdive...@gmail.com | Blog- Corporate Articles |

______________________________________________________________
H-17/ 265, 2nd Floor, Sector - 7, Rohini, New Delhi - 110085  

______________________________________________________________

On Fri, Mar 9, 2018 at 1:14 PM, neha soni <nehas...@gmail.com> wrote:

Dear Si/Mam,

Please tell me can a company file the form STK-2 for strike off if it was issued a notice regarding non-filing.

--
CS​ Ravi Garg
​#​CS Knowledge Platform-A whats App, FB and Google Group
 
Mobile : 7838204665
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With Warm Regards,

CS Ankit Saroha

[Vivek Hegde]

Dear Shivani,

No. Not notified. 

PS: My e-mail address has been changed. Please use vi...@vivekhegde.in for future correspondence. 

Warm Regards

CS Vivek Hegde, FCS, CMA

*******************************

Vivek Hegde & Co.

Company Secretaries
Off: No.86, 1st Floor, 2nd Main, Samvruddhi Enclave

Kumaraswamy Layout 2nd Stage , Bangalore-560061

Mob: +91 9900898223; Off: +9180 26663577

*******************************

On Sat, Mar 10, 2018 at 12:11 PM, Shivani <shivani...@gmail.com> wrote:

Hi,

Can anyone tell me ? Is there any notification regarding when the penalty of INR 100 per day for delay in Annual Filing (Amendment of Section 403) will be applicable.

Thanks & Regards,

Shivani Ahuja
Mob: +91-9717434816, 9599108549

On Fri, Mar 9, 2018 at 1:24 PM, Divesh Goyal <csdive...@gmail.com> wrote:

need to complete annual filing before apply f0r strike off

-----------------
Best regards,

CS Divesh Goyal

Practicing Company Secretary

GOYAL DIVESH & ASSOCIATES

| Prop. | + 91-8130757966, 8130657778

| csdive...@gmail.com | Blog- Corporate Articles |

______________________________________________________________
H-17/ 265, 2nd Floor, Sector - 7, Rohini, New Delhi - 110085  

______________________________________________________________