Submission of Section 252 NCLT Order with the ROC

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Manan Shah

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Aug 17, 2020, 12:55:43 AM8/17/20
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Dear All,

We have received online copy of the NCLT order u/s 252 of the Companies Act for changing the status of the Company from strike off to active. However in lieu of COVID is there any new guidelines in which the said order needs to be filed with the ROC, Mumbai in order to change the status from strike off to active.

Will appreciate the guidance.

Regards,

Manan Shah

CS NIMISH SAKHIYA

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Aug 17, 2020, 1:17:51 AM8/17/20
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You need to follow process as under:

1. Payment of Penalty
2. Then send request letter for change of status from "Strike off" to "Active" along with declaration of filing all pending compliance and NCLT Order [Online copy would be sufficient]
3. Then ROC will send a letter for Advertisement about restoration of company
4. Send Letter to ROC along with advertisement published
5. Send letter to Bank for activation of Bank Account and Depositor for Demat Account Activation
6. File all pending compliance
7. File Form 28 along with NCLT Order, Advertisement, Challan of forms filed for Pending compliance. 

Note : there might be different procedure followed by ROCs.

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N. C. Sakhiya
Sakhiya & Co.
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Hardik Jetani

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Aug 17, 2020, 1:31:02 AM8/17/20
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File INC-28 within the time as prescribed under the NCLT Order or within 30 days of receipt of Order. Otherwise, company to go for condonation of Delay. 

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HARDIK JETANI & ASSOCIATES
COMPANY SECRETARIES

Manan Shah

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Aug 17, 2020, 1:36:55 AM8/17/20
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So no physical submission is to be done as it used to happen earlier. Also while doing prescrutiny in INC 28 error is coming that the status of the Company is in strike off and the form cannot be filed for this status.
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Hardik Jetani

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Aug 17, 2020, 1:40:57 AM8/17/20
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First of all make physical application alongwith Order Cost payment challan with thr ROC and get status Active on mca portal. Thenafter, file INC-28.

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V Kartik

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Aug 17, 2020, 1:51:32 AM8/17/20
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In addition to all these, an affidavit on stamp paper has to be submitted by each director that "as on the date of affidavit, we are not associated with any other company as a Director, irrespective of whether the company is active or struck off." This is one of the para which you need to mention in the affidavit. 

In my case, the application was pending for not submitting the same. After that, it was activated.

Kartik

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Manan Shah

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Aug 17, 2020, 2:05:05 AM8/17/20
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So still we need to submit physical copy with the ROC to change the status. But NCLT isnt issuing certified true copy order as of now so can we submit physical application with the copy of the online order.

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Khyati Shah

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Sep 19, 2020, 5:02:19 AM9/19/20
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Can anyone guide how to make payment of Order cost.

In order it is written to pay order cost through Demand Draft. But I have heard that now  ROC is not accepting DD. So, I want to confirm how to make online payment of order cost?

Thanks in advance.

CS V Kartik

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Sep 19, 2020, 5:06:27 AM9/19/20
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This payment of penalty levied has to be made via DD with the concerned NCLT. I'm not sure whether they accept online payment or not because I have heard certain NCLT's have started accepting payment online.
Kartik


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Hardik Jetani

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Sep 19, 2020, 5:30:12 AM9/19/20
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MCA > pay Miscellaneous Fees > individual category

On Sat, Sep 19, 2020 at 2:32 PM Khyati Shah <khyati...@gmail.com> wrote:
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