Regulation 14 - Procedure for filing petition. - Company Law Board Regulations, 1991

Procedure for filing petition.- 14. (1) Subject to the provisions of regulations 35 and 37, a petition to the Bench shall be prepared in Form No. 1 in Annexure II and presented by the petitioner in person or through authorised representative to the office of the Bench or be sent by registered post with acknowledgment due addressed to the Secretary or Bench Officer of the bench concerned as the case may be. [1] [(2) The petitioner shall serve a copy of the petition, reference or application on the respondent or respondents, as the case may be, and produce evidence of such service.] (3) The petitioner shall serve a copy of the reference or petition other than a petition under sections 49, 79, 80A, 111, [2] [111A,] 113, 118, 144, 163, 6 [ **** ] , 196, 219, 225, 284, 304 and 307 of the Act [3] [* * *] upon the concerned Registrar of Companies having jurisdiction over the company and shall attach to and present with his petition, reference, an acknowledgment from the office of the Registrar of Companies receiving a copy of the petition or reference so served: 7 [ **** ] 8 [ Provided ] that, in case of a petition or complaint under sections 235, 237, 250, 397, 398, 408 and 409 of the Act, a copy thereof shall also be served upon the Central Government. (4)(a) Notwithstanding anything contained in sub-regulations (1) to (2), the Bench may permit more than one person to join together and file a single petition if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter. (b) Such permission shall be granted where the joining of the petitioners by a single petition is specifically permitted by the Act. (5) Every petition other than an application under [4] [sub-section (9) of section 58A [5] [or under sub-section (4) of section 117C] of the Act or under sub-section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934),] shall be accompanied by an affidavit verifying the same and shall be drawn upon the first person and shall state the full name, age, occupation and complete residential address of the deponent and shall be signed by the deponent and sworn before the person specified in section 558 of the Act. (6) Where the deponent is not personally known to the person before whom the affidavit under sub-regulation (5) is sworn, he shall be identified by a person who is known to the person before whom the affidavit is sworn. (7) Every affidavit under sub-regulation (5) shall clearly and separately indicate the statements which are true to the- (a) knowledge of the deponent; (b) information received by the deponent; (c) belief of the deponent; and (d) information based on legal advice. (8) Where the statement referred to in sub-regulation (7) is stated to be true to the information received by the deponent, the affidavit shall also include the name and complete residential address of the person from whom the information has been received by the deponent and whether the deponent believes that information to be true. ------------------- Notes:- [1] Substituted by the Amendment Regulations, 1992, w.e.f. 14-5-1992. Prior to its substitution, the sub-regulation read as under: (2) Where the number of respondents is more than one, as many extra copies of the petition as there are respondents shall be furnished by the petitioner: Provided that where the number of respondents is more than five, the Secretary or Bench Officer may permit the petitioner to file extra copies of the petition at the time of issue of notice to the respondents. [2] Inserted by Company Law Board (Amendment) Regulations, 1997, w.e.f. 1-8-1997. [3] The words and section 22A of the Securities Act omitted, ibid. [4] Substituted for the words section 58A(9) of the Act , ibid. [5] Inserted by Company Law Board (Amendment) Regulations, 2001, w.e.f. 15-6-2001. 6. Omitted vide Notification No. GSR 630(E) dated 12-8-2012 before it was read as 188 7. Omitted vide Notification No. GSR 630(E) dated 12-8-2012 before it was read as Provided that, in the case of a petition under section 17 by a company licensed under section 25 of the Act, the copy of the petition shall also be served upon the Regional Director: 8. Substituted vide Notification No. GSR 630(E) dated 12-8-2012 before it was read as Provided further