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The Company has failed to file FORM 23 in case of a special resolution passed in the year 2013. Since more than 270 days is over, the company is not able to file form mgt -14 under new companies act, 2013 as it is asking for order under INC-28. Which form to be used for applying for condonation of delay and file the special resolution.

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Posted By: Comsec 10 year(s) ago

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    kanthimathinathan

Under Section 460 (b) of the Companies Act 2013, where any document required to be filed with Registrar under any provision of this Act is not filed within the time specified therein, the central government may, for reasons to be recorded in writing, condone the delay. For this purpose we have to file CG-1, with central government along with reasons for the delay and justification also has to be given in that form. Attach the respective document namely Form-23 and copy of special resolution also. Then they may condone the delay. Once you receive the condonation then you have to apply INC -28 with that order.

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    SONY

Hi, We had a discussion for a similar case pertaining to 2012 with RD, Chennai. He is of the opinion that though Section says Central Govt, no specific delegation circular has come for giving power to RD. He has asked us to raise a Ticket with MCA for clarification of the same.

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