Form No. 044 - Petition under section 398 for relief against mismanagement - Company Court Rules, 1959

Form No. 44 (See rule 88) [Heading as in Form No. 1] [Company Petition No. .................... of 19 ........ [Name(s)] .................... petitioner(s) Petition under section 398 for relief against mismanagement The petition of [full name, description and address of the petitioner(s)], showeth as follows: Paras 1 to 6 as in form No. 43. 7. (Here set out in numbered paragraphs the facts showing that the affairs of the company are being conducted in a manner prejudicial to the interests of the company or that a material change has taken place in the management or control of the company and that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to the interests of the company). In these circumstances the petitioner(s) prays (pray) as follows: (1) Here set out the remedy or remedies sought. (2) Or, such other order may be made in the premises as shall be just. Schedule [Here enter the names and addresses of the members who have given their consent to the petition being presented on their behalf and where the company has a share capital, the number of shares held by each of them and whether all the calls or other sums due on their shares have been paid, as follows: S. No. Name of member Address No. of shares held Whether all calls and other sums due on shares have been paid 1 2 3 4 5 Advocate for the Petitioner(s) ............... Petitioner(s) Note. Where the petition is presented on behalf of the members set out in the Schedule, the letter of consent given by them should be annexed to the petition.