9911796707
TMI BlogCompanies (Central Government's) General Rules and Forms), 2012 - New Form 24AAA.X X X X Extracts X X X X X X X X Extracts X X X X ..... "4BBB Petition under section 17.- (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siness, 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". 3. After rule 6B of the said rules, the following rules shall be inserted, namely:- "6C Petition under section 141. - (1) A petition to the Regional Director under section 141 shall be prepared in Form 1 as referred in Annexure 'E' along with Form 24AAA as referred in Annexure 'A' and presented by the petitioner or through authorized representative to the office of the Regional Director electronically. (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) Notwithstanding anything contained in sub-rules (1) and (2), the Regional Director may permit more than one person to join together and file a single petition if he 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. (4) Every petition, shall be accompanied by an affidavit verifying the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is sworn. (6) Every affidavit under sub-rule (4) shall clearly and separately indicate the statements which are true to the - ( a ) knowledge of the deponent; or ( b ) information received by the deponent; or ( c ) belief of the deponent; or ( d ) information based on legal advice. (7) Where the statement referred to in sub-rule (6) 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. 6E. Contents of petition.- Every petition shall set forth- ( i ) the name of the company, with its status, ( ii ) date of incorporation, ( iii ) the address of its registered office, ( iv ) authorised capital, paid-up capital with division of different classes of shares and terms of issue, if any, in the case of preference shares, ( v ) main objects in brief, for which the company was formed, ( vi ) present business activities of the company, ( vii ) grounds for such petition and the nature of relief(s) prayed for. 6F. Documents t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Facts of the case are give below (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise. 7. Matters not previously filed or pending with any other Court. The petitioner further declares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this petition has been made, before any court of law or any other authority or any other Bench or the Board and not any such application, writ petition or suit is pending before any of them. 8. Relief(s) sought. In view of the facts mentioned in para .. above, the petitioner prays for the following relief(s): (Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon) 9. Interim order, if any, prayed for. Pending final decision on the petition, the petitioner seeks issue of the following interim order: (Give here the nature of the interim order prayed for with reasons) 10. List of enclosures (See rule 6 F) 1. 2. 3. 4. Signature of the Petitioner _ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
