Rule 11 - Petitions. - Company Court Rules, 1959

Petitions. 011. (a) The following applications shall be made by petition: [2] (1) Applications under section 17 to confirm an alteration of the memorandum of association. [3] (2) Applications under section 79 to sanction issue of shares at a discount. (3) Applications under section 101 to confirm reduction of share capital. (4) Applications under section 107 to cancel any variation of the rights of holders of any class of shares. [4] (5) Applications under section 141 for rectification of the register of charges. (6) Applications under section 155 for rectification of the Register of Members. [5] (7) Applications under section 186 by a Director or Member of a Com pany for calling a meeting of the company. (8) Applications under section 203 to restrain a fraudulent person from managing companies, or for leave by a person restrained to be a director of, or to manage, a company. (9) Applications under section 237 for an order that the affairs of a com pany ought to be investigated. (10) Applications under section 391(2) to sanction a compromise or arrangement. (11) Applications under section 395(1) or 395(2) for the purpose of pre venting, or settling the terms of, the acquisition by a transferee com pany of the shares of a dissenting shareholder. (12) Applications under section 397 for relief against oppression. (13) Applications under section 398 for relief in case of mismanagement. (14) Applications under section 407(1)(b) by a director, [6] [* * *] or manager, whose agreement is terminated [7] [* * *] for leave to act as the managing or other director [8] [* * *] or manager of the company. (15) Applications under section 439 for the winding-up of a company, or under section 583 for the winding-up of an unregistered company, or under section 584 for the winding-up of a foreign company. (16) Applications under section 517 to set aside an arrangement between a company about to be or in the course of being wound-up (voluntary) and its creditors. (17) Applications under section 522 to continue a voluntary winding-up subject to the supervision of the Court. (18) Applications for a declaration under section 542 (XI Schedule) in the course of proceedings under section 397 or 398 that a person who was knowingly a party to carrying on business in a fraudulent manner shall be personally liable for all or any of the debts or other liabilities of the company. (19) Applications by a creditor or member under section 543 (XI Schedule) in the course of proceedings under section 397 or 398, to enquire into the conduct of any of the persons mentioned in section 543 (XI Schedule) and compel him to repay or restore any money or property to the company or pay compensation. (20) Applications under section 559 for declaring the dissolution of a company void. (21) Applications under section 560(6) to restore a company's name to the Register of companies. (22) Applications under section 579 to confirm the alteration in the form of the constitution of a company by substituting a memorandum and articles for a deed of settlement. (23) Applications under section 633(2) by an officer of a company for relief. (b) Judge's summons. All other applications under the Act or under these rules shall be made by a Judge's summons, returnable to the judge sitting in Court or in Chambers as hereinafter provided. -------------------------------------------- Notes:- [2] Powers of the Court have been conferred on the Company Law Board by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975. [3] Powers of the Court have been conferred on the Company Law Board by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975. [4] Powers of the Court have been conferred on the Company Law Board by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975. [5] Powers of the Court have been conferred on the Company Law Board by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975. [6] Omitted as redundant after abolition of the system of managing agent, secretaries and treasurers by Act 17 of 1969, w.e.f. 3-4-1970. [7] Omitted as redundant after abolition of the system of managing agent, secretaries and treasurers by Act 17 of 1969, w.e.f. 3-4-1970. [8] Omitted as redundant after abolition of the system of managing agent, secretaries and treasurers by Act 17 of 1969, w.e.f. 3-4-1970.