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……… REGION, ………(State)



IN THE MATTER OF ______________________ HAVING ITS REGISTERED OFFICE AT ________________________(Name of the state).



_____________________________                                 PETITIONER



(Name of the state)                                                                RESPONDENT



1. _____________________________, the petitioner above named     (hereinafter referred to as ‘the Company’) was incorporated on     ……….., with Registration No.__________ of ……(Year) under the provisions of the     Companies Act, 1956, in the state of …………. as a Private/Public Company     Limited by Shares.

2.      Haning registered office at______________________________, .

 3.  The Authorised Capital of the Company is Rs. ……….. divided        into             …………. Equity Shares of Rs.(…….)/- each.

 4.  The objects for which the Company was incorporated are as follows:

1. To carry on the business as importers, exporters, traders, dealers, distributors, agents, packers, transporters and clearing and forwarding agents of all types and kinds of goods, products and merchandise including aqua and marine products, aqua feeds and other related inputs, poultry and veterinary feeds and inputs, pharmaceuticals, medicines, chemicals, mechanical, electrical and electronic machinery and equipment, food products, seeds, oils, oil cakes, tinned fruits and food products, computer software and hardware.

2. To carry on the business of processors, producers, growers, formulators of all types of aqua and marine products, aqya feeds and other inputs poultry and veterinary feeds pharmaceuticals and medicines for the purpose of trade, export and import.

3.  To carry on the business of warehouse and godown keepers, cold storage operators, and transporters of all goods, products and merchandise including fish, prawns and other aqua and marine products, vegetables and agro products, food items, and products of every description.


                        Presently the Company is engaged in the activity of trading in Aqua feeds             and developing hatchery.


The petitioner declares that the subject matter of the petition is within the jurisdiction of the Company Law Board, …..(region)….(State).


1.      Originally the charge was created by the Petitioner by way of executing General Agreement for grant of small industrial advances by hypothecation of movables, book debts and other assets dated 12.02.2000 in favour of STATE BANK OF INDIA, Commercial Branch, Hyderabad hypothecating the Company’s Current Assets and Creation of Mortgage on Land and Building, Plant and Machinery and all present and future assets of the Company as a security for the Cash Credit facilities of Rs. 150.00 lakhs (Rupees one crore and fifty lakhs only) for which Form 8 and 13 were filed with the Registrar of Companies, Andhra Pradesh and registered on 25.02.2000 vide Doc No. 6

2.      The above said charge was modified subsequently on 01.03.2001, by way of executing supplemental general agreement for grant of  Small Industrial Advances , Hypothecation of Goods, Book debts and etc., for the enhanced limits of Rs. 450.00 Lakhs for which Form 8 & 13 was filed on 12-03-2001 and the same was registered on 23-03-2001 vede Doc No. 9.

3.      The above charge was further modified on 21-05-2001 by way of executing Supplimental Agreement for Hypothecation of Goods and Assets for the enhanced limits of Rs. 500.00 lakhs for this modification Form 8 & 13 was registered on 11-07-2001

4.      The above said charge was further modified on 23-08-2001 by way of Supplemental general agreement for the grant of small industrial advances by hypothecation  of movables, book debts and other assets,by reducing the limits from Rs. 500 lakhs to Rs. 374.75 lakhs. For this modification Form 8 & 13 was registered on 12-09-2001 vide Doc No. 16

5.      The above said charge was further modified on 06-02-2002 by way of Supplemental general agreement for the grant of medium term advances to small industries in hypothecation of movables, Book Debts and other assets, by increasing the limits From Rs. 374.75 lakhs to Rs. 398.75 lakhs, for which Form 8 & 13 was registered on 28-03-2002 vide doc. No. 17

6.      The above said charge was further modified on 13-03-2004 by way of  General Agreement for the grant of small industrial advances and hypothecation of movables, Book Debts and other assets, by increasing the limits From Rs. 398.75 lakhs to Rs. 438.75 lakhs. For which Form 8 & 13 was registered on 09-08-2004 vide doc. No. 31

7.      The above said charge was further modified on 07-05-2005 by way of  Supplemental General Agreement for the grant of small industrial advances and hypothecation of goods, Book Debts and other assets, by increasing the limits From Rs. 398.75 lakhs to Rs. 438.75 lakhs. For which Form 8 & 13 was registered on 09-08-2004 vide doc. No. 31

8.  The above said charge was further modified on 30.12.2005 by way of       revision cum renewal of the existing working capital limits by the State      Bank of India as follows

                Facility                                            Existing Limit             Modified Limit

                Cash Credit(EPC)                           100.00                              50.00                     

                Cash Credit (Hypothecation)              ----                               100.00

                 FBD (Sub-Limit                                 ----                                (25.00)

                 Letters of Credit                             200.00                              50.00

               Letters of Credit (Sub-Limit)                ----                              (75.00)

               Term Loan                                             44.00                             37.00

               SME (Clean Cash Credit)    20.00                                                   -----

                TOTAL                                                364.00                               237.00


As per the provisions of the Companies Act, 1956, the Petitioner Company ought to have filed the particulars of the above mentioned modification of charge dated 30.12.05 with the Registrar of Companies, Andhra Pradesh on or before 29.01.2006 without additional fee and with additional fee on or before 01.03.2006. However the particulars of modification in Form 8 as per A-1 was filed with the Registrar of Companies, Andhra Pradesh, Hyderabad on 03.04.2006 bearing Receipt No. 560747.

Form no. 8 was filed on 03.04.2006 furnishing the particulars of modification resulting in delay in filing the Form 8 of 1 month 2 days.

i) Modification of Charge                   :30.12.2005

ii) Statutory due date for filing

    expired on                                       :01.03.2006

iii) Delay counts from                         :02.03.2006

iv) Actual date of filing                      :03.04.2006

v) Quantum of Delay                          :1 Month 2 Days

              10. REASONS FOR DELAY:

 Form 8 for the above modification of charge was required to be filed with the Registrar of Companies, Andhra Pradesh (ROC, AP) within the period stipulated in Section 125 of the Companies Act, 1956, but the same could not be filed within the stipulated time limits. The delay in filing Form 8 was due to inadvertence and not on account of any malafide intention on the part of the Company or any of its Directors or not of a nature so as to be prejudicial to the interest of Creditors or Shareholders of the Company.

The ROC, AP has therefore advised the Company that registration of the Form required condonation of delay and extension of time by the Company Law Board under Section 141 of the Companies Act, 1956. Copy of the said Form 8 is enclosed to this Petition.

IV   The petitioners have not filed any petition before any authorities in respect of the subject matter of the Company, petitioner and the same is not pending before any court.


In view of the facts set out above, I hereby request you to kindly pass order :

(a) Condoning the delay in filing Form No. 8 and getting the same       registered      under section 135 of the Companies Act, 1956.

(b) Direct the Registrar Of Companies, Andhra Pradesh, Hyderabad to register      the charge though it is time barred on the grounds that it is just and equitable      to grant extension.

(c)   Kindly take up this matter for quick hearing on out of turn basis for which D.D for additional fee of Rs. 50/- is enclosed along with this application.

(d)   Such other incidental or consequential directions as may be deemed expedient by you in this regard.

VI        Particulars of Bank Draft evidencing payment of fee for the petition or application made :

I.              Branch of the Bank on which drawn  :

II.            Name of the issuing branch                :

III.           Demand Draft No                                   :

Date                                                          :

Amount                                                    : Rs. 250/-


1.    Affidavit by Director duly notarized.

2.    Form No.5 on Rs.100 /- Non-Judicial stamp paper.

3.    Certified copies of Form No. 8 along with the agreement

4.    Demand Draft for Rs. 250/-

5.    Board resolution for authorization of Director to make an affidavit.

6.    Certified copy of Board Resolution.



Managing Director



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