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Section 52 – Company Law Board Regulations,1991

Company Law Board Regulations,1991

52. Annexure II

Annexure II

Forms

Form No. 1

(See regulations 13 and 14)

Before the Company Law Board, ………………………….. Principal Bench 1A[/Addtional Principal Bench]/Region Bench, Bombay/ Calcutta/ Madras/ New Delhi.

1 In the matter of the Companies Act,1956, Section …………………………… or (Where applicable) The Monopolies and Restrictive Trade Practices Act,

1969, section 2A or (Where applicable)

2[The Reserve Bank of India Act,1934, section 45QA] and and In the matter of …………………………………………………………………………………… (State the name and registered office address of the company) and In the matter of ………………………………………………………. (Petitioner) (State the name and address of the petitioner) or (Where applicable) AB Petitioner(s) versus CD Respondent(s)

1A The words “/Additional Principal Bench” inserted by GSR 917(E), w.e.f. 14th. December,2000.

2 Substituted for the words, brackets and figures “The Securities Contracts (Regulation) Act,1956, section 22A” by the Company Law Board (Amendment) Regulations,1997, w.e.f. 1st. August,1997.

Details of petition

1. Particulars of the company, whether petitioner or not (See regulation 16).

2. Particulars of the petitioner(s) (need not be stated where company is the petitioner).- [Name, description, fathers/husbands name, occupation, capacity, i.e. qua shareholder, qua depositor and address of the petitioner(s)].

3. Particulars of respondent(s) (need not be stated where company is the respondent).-[Name, description, father’s / husbands name, occupation, capacity. i.e. qua shareholder, qua depositor and address of the respondent(s)].

4. Jurisdiction of the Bench.-The petitioner declares that the subject-matter of the petition is within the jurisdiction of the Bench.

5. Limitation.-The petitioner further declares that the petition is within the limitation laid down in section ………………………….. of the Companies Act,1956 1[or Securities Act,1956] (where applicable).

6. Facts of the case are given 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 of the Board and that any such application, writ petition or suit is pending before any of them.

In case the petitioner had previously filed any application, writ petition or suit, the stage at which it is pending and if decided, the gist of the decision should be given.

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. Particulars of bank draft evidencing payment of fee for the petition or application made:

2[(i) Branch of the Bank on which drawn;

(ii) Name of the issuing branch;]

(iii) Demand Draft No.

Date …………………………..

Amount Rs. ………………….
……….

11. List of enclosures

(See regulation 18 and Annexure III).

1.

2.

3 .

4.

Signature of the Petitioner.

1 Inserted by the Amendment Regulations,1992, w.e.f. 14th. May,1992.

2 Substituted by the Amendment Regulations,1992, w.e.f. 14th. May,1992.

Form No. 2

(See regulation 17)

Miscellaneous Application No. ………………………….. of ………………………….. in Original Petition No. ………………………….. of ………………………….. XXX

………………………….. Applicant (Applicant/Respondent) versus YYY

………………………….. Respondent (Respondent/Applicant) Brief facts leading to the application.

Relief or prayer.

Signature of the Applicant

Signature of the Authorised Representative

Place:

Date:

Form No. 3

(See regulation 35)

Before the Company Law Board, ………………………….. Principal Bench 1A[/Addtional Principal Bench]/Regional Bench,

Bombay/Calcutta/Madras/New Delhi.

Reference Application No. ………………………….. ………………………….. of ……………………………

In the matter of the Companies Act,1956/2[The Reserve Bank of India Act,1934] and In the Matter of the section ………………………….. of the said Act.

In the matter of ……………………………………………………………………………………. (Name and address of the Company) and In the matter of ………………………………………………………. …………………………… (Name and address of the Applicant) Applicant State the names and addresses of the persons who should be given opportunity of being heard in disposing of this reference.

(Note: Please enclose as many additional copies of the reference application as there are persons as above-named. This is without prejudice to the requirements of sub-regulation (1) of regulation 41).

On the basis of the information available from the documents annexed hereto-

1. The applicant hereby makes reference to the Company Law Board, ………………………….. Principal Bench 1A[/Addtional Principal

Bench]/Regional Bench, ………………………….., under section ………………………….. of the Companies Act,1956/Securities Act. (Here state the nature of reference).

2. The applicant states as follows: (Here set out the brief facts of the case).

3. The submissions of the applicant are as follows: (Submissions).

4. The applicant has annexed hereto the documents or copies thereof as specified below:

5. The applicant is seeking specific order of the Company Law Board (Here specify the nature of the order sought for).

Signature of the Applicant.

Place:

Date:

List of documents

1 .

2.

3.

1A The words “/Additional Principal Bench” inserted by GSR 917(E),

w.e.f. 14th. December,2000.

2 Substituted for the words “Securities Act” by the Company Law Board (Amendment) Regulations,1997, w.e.f. 1st. August,1997.

Form No. 4

1[Application by depositor *under section 58A(9) of the Act or section 45QA of the Reserve Bank of India Act,1934]

(See regulation 37)

1 Substituted for the word, brackets and figures “Application by depositor under section 58A(9)” by the Company Law Board Amendment) Regulations,1997, w.e.f. 1st. August,1997.

Before the Company Law Board ( ………………………………………….. Bench)

In the matter of the Companies Ac
t,1956, section 58A 5[of the Act or section 45QA of the Reserve Bank of India Act,1934] and In the matter of (state the name of the Depositor-applicant) and In the matter of ………………………………………………………. (state the name of the company) Limited.

(i) Name and address of the Depositor-applicant;

(ii) Name of the company and address of its Registered Office;

(iii) Name(s) of depositor(s) with full address;

(iv) Amount of Deposit;

(v) Fixed Deposit Receipt No. and Date (Photostat copy to be enclosed);

(vi) Terms and conditions of deposit as also date of maturity of deposit;

(vii) Details of payment made, by the company, if any;

(viii) Actual amount due as on date of application (Principal/Interest);

(ix) Details of correspondence, if any, made between the company and the depositor (copy of correspondence to be enclosed);

(x) Any other particular(s) as may be considered relevant;

The Depositor-applicant therefore, prays:-

(i) that the company, above-named be directed to make repayment of the aforesaid deposit(s) along with interest due thereon in accordance with the terms and conditions of the deposit;

(ii) that such further orders be passed as the Company Law Board may deem fit in the circumstances of the case.

(Signature of the Depositor-applicant)

Place ” ” ” ” ” ” ” ” ” ..

Date ” ” ” ” ” ” ” ” ” ..

Notes:

1. The application shall be accompanied by a fee of Rupees Fifty by way of Bank Draft in favour of ” The Pay and Accounts Officer, Department of Company Affairs, New Delhi/Bombay/Calcutta/Madras.

2. This application shall be made in duplicate.

*Delete whichever is not applicable.

1Form No. 5

Memorandum of appearance

[See regulation 18(3)]

To

The Bench Officer,

Company Law Board ………………………….. Bench

In the matter of …………………………………………… Petitioner versus ………………………….. Respondent [CP No. _______ of __________199___.]

Sir.

Please take notice that I, AB, Secretary in Whole-time practice/ practising Chartered Accountant/practising Cost and Works Account, am duly authorised to enter appearance and do hereby enter appearance, on behalf of ………………………….. petitioner/opposite party/Registrar/ Regional Director/Government of ………………………….. in the above mentioned petition.

*A copy of the resolution passed by the Board of directors authorising to enter appearance and to act for every purpose connected with the proceedings for the said party is enclosed, duly signed by me for identification.

Dated ………………………….. day of ” ” ” ” ” ” 19″ ” ” ” .

Yours sincerely,

…………………………..

Address

…………………………..

Telephone No. ” ” ” ” ” .

Enclosure: as aforesaid

* Strike, if not applicable

1. Inserted by the Amendment Regulations,1992, w.e.f. 14th. May,1992.

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