Rule 4BBB - Petition under section 17. - Companies (Central Government’s) General Rules and Forms, 1956

1 [Petition under section 17. 04BBB (1) The company shall, not less than one month before filing any petition in Form 1 as referred in Annexure 'E' along with Form 24AAA as referred in Annexure 'A' under sub-section (2) of section 17,- ( i ) publish a general notice, at least once, in a daily newspaper published in English and in the principal language of the State in which the registered office of the company is situated, clearly indicating the substance of the petition and stating that any person whose interest is likely to be affected by the proposed alteration of the Memorandum of Association and may intimate to the Regional Director within twenty-one days of the date of publication of that notice, the nature of interest and grounds of opposition ; and ( ii ) serve, by certificate of posting, individual notice to the effect set out in clause ( i ) above on each debenture-holder and creditor of the company. (2) Where the petition seeks to shift the registered office of the company from one State to another, a notice together with copy of the petition shall also be served by the company, by registered post, on the Chief Secretary to the Government of the State in which the registered office of the company is situated, or, where the registered office of the company is situated in a Union territory, to the Administrator of the Union territory. (3) Any person intending to oppose the petition shall within twenty-one days from the date of service or publication of the notice, as the case may be, deliver, or cause to be delivered, or send by registered post, the objections supported by an affidavit, in original, to the Regional Director and shall also serve a copy of the objections on the company at its registered office. (4) If no response is received by the Regional Director within the time specified in sub-rule (3), all the person concerned shall be deemed to have consented to the alteration proposed in the petition: Provided that the Regional Director, may, if he thinks fit, permit any person to file objections, even after the final hearing after giving notice to the company. (5) The company shall prove the dispatch, publication and service of notice by an affidavit and such affidavit shall be enclosed with the petition. (6) A petition under section 17 shall contain a list stating the name and addresses of the creditors and debenture holders and the amount due to each of them up to the latest practicable date preceding the date of filing of the petition which shall not precede the date of filing the petition by more than one month. (7) The Secretary of the company, if any, and not less than two directors of the company, one of whom shall be a managing director, where there is one, shall file an affidavit to the effect that they have made a full inquiry into the affairs of the company and, having done so, have formed the opinion that the list referred to in sub-rule (6) is correct, and the estimated values as given in the list of the debts or claims payable on a contingency or not ascertained are proper estimates of the values of such debts and claims included in the list and the same are borne out by the books and records of the company and that there are no other debts, or claims against, the company to their knowledge. (8) Duly authenticated copy of the list of creditors and debenture-holders showing their names, addresses and the amounts due to each of them shall be kept at the registered office of the company and any person desirous of inspecting the same may, at any time, during normal working hours of business, inspect and take extracts of the same on payment of fifty rupees to the company. (9) Where no objection has been received from any of the parties, the Regional Director may pass necessary orders with or without hearing. ] ---------------------------------------- Notes:- 1. Inserted vide Notification No. [F No. 1/1/2003-CL.V], Dated 10-7-2012