Form 21_ “Invalid and Not been taken on record”

[Sharad Tyagi]

Dear Friends,

The Company has filed Form 8 for creation of charge beyond the prescribed time. Delay in filing of charge was condoned by CLB.

The order of CLB was filed with ROC with Form 21.

Cost under Section 141(2)of the Companies Act, 1956 pursuant to CLB order was deposited.
Additional Fee for delayed filing of Form 8 as directed under Section 141(2)of the Companies Act, 1956 pursuant to CLB order was also deposited.
 
Further ROC has asked for filing of Form 67 which was also filed with the ROC satisfying the queries raised by ROC.

Now status of Form 21 is showing as “Invalid and Not been taken on record” and the details of charge are not appearing in the “Index of charges”.


Request you to please advice how to move ahead to get Form 21 approved so that details of charges may reflect in Index of charges and certificate of registration of charge may be issued by ROC.

 


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Best Regards

FCS Sharad Tyagi
T. Sharad & Associates
Company Secretaries
E-24,Second Floor,
Greater Kailash Enclave-I,
New Delhi-110048 (India)
Easy Reach- +91-98714-94445  +91- 98714-94447,
E-mail:  styag...@gmail.com 

[NITESH JAIN]

Status “Invalid and Not been taken on record” appear when ROC ask for submission of Form 67 and Co. fails to file Form 67 within given time. It might be happened that ROC asked for another user clarification after filing of Form 67 and non submission of Form 67 in regard to that new query resulted in such status.

So you should file fresh Form 21 but also consider date of order of CLB because Form 21
to be submitted within 60 days or such time as mentioned in order.

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Thanks and Regards,

Nitesh Jain

ACS, M.Com. MBA

09770750788

[Sharad Tyagi]

Hi Saurabh,
ROC is saying that technically it can not be reversed and MCA helpdesk says to approach MCA, could any body advise how to go ahead with it like drafts/ documents/ forms required to be filed.

On Wed, Apr 13, 2011 at 5:25 PM, Saurabh Arora <sau...@indiacp.com> wrote:

May be ur form 61 was not filed properl,

 

Check the SRN status of form 61

 

Or resubmit the same;

 

And the last resort is to contact ROC.

[Sharad Tyagi]

yes Nitesh, That is why I am asking for the way out as to how to approach MCA

[NITESH JAIN]

[NITESH JAIN]

Whether 60 days expierd from the date of order

[Sharad Tyagi]

yes Nitesh it is already expired

[NITESH JAIN]

Can u mail the Form 21.

[Sharad Tyagi]

Nitesh if you could please advise me how to get it done from MCA (Shastri Bhawan) like what documents/ draft/ forms are to be used to get the Form 21 revived, please confirm if the same procedure as we follow for form 5 will apply here

[neetu Agrawal]

guess in that case u hv to approach clb again for condoning the delay in filing the order.

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With Warm Regards,
Neetu V. Agrawal
Practising Company Secretary
104,B-Wing, Adarsh Park Society,
Behind Ajay Nagar,
Shivaji Chowk,
Bhiwandi,
Thane - 421 302.  
+91 9970715860

[Sharad Tyagi]

I think we have to get it revived from MCA (Shastri Bhawan)

Other's views solicited

[NITESH JAIN]

I think MCA will not consider that because reviving of invalid form is not possible. Please tell what was the date of order.

[Sharad Tyagi]

I also got it done for Form 5 but now ROC is saying that same way it also can be done, that is why I was exploring if somebody has done it

On Wed, Apr 13, 2011 at 5:51 PM, ashish gupta <guptaa...@gmail.com> wrote:

dear sharad

 

MCA is taking up matters only for FOrm 5 and new company as it involved considerable fees. In this case, truly speaking, what I personally feel, we need to start writing to MCA in masses so as to take out this FOrm 67 circular as maximum of the time we have to face undesired problems sometimes

 

With me it happens it twice tht I didn;t receive amy mail but as it was form 5, i gt it done from MCA, BUT this cannot be done always and MCA should consider such problems

 

thanks

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TEAM AKG & CO

COMPANY SECRETARIES

FCS Ashish Gupta

Home Address: A-16 Jitar Nagar, Parwana Road, Delhi - 110051
09312210264

 

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