35. Reference to Company Law Board - Any reference to the Board by the Registrar
of Companies under section 621A of the Act or any reference to the Board by the
Central Government under sections 250, 269, 388-B and 408 of the Act or any
reference by a company under clause (c) of sub-section (4) of section 22A of the
Securities Act shall be made by way of an application in Form No. 3, and shall be
accompanied by documents mentioned in Annexure III.
36. Petition under section 17 -
(1) The company shall, not less than one month before filing any petition under subsection (2) of section 17 -
(i) publish a general notice, at least once, in the district in a daily newspaper
published in English and in the principal language of that district in which
the registered office of the company is situated, and circulating in that
district 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 may intimate to the Bench Officer 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(s) to the effect set out in
clause (i) above on each debenture-holder and creditor of the company,
unless otherwise required by the Bench to be sent by registered post.
(2) Where the petition seeks to change the registered office of the petitionercompany from one State to another, a notice together with the copy of the
petition shall also be served by registered post on the Chief Secretary to the
Government of the State in which the registered office of the petitionercompany is situate, or, where the registered office of the company is situated in
a Union Territory, to the Administrator/Lt. Governor 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 Bench Officer and shall serve a copy of the
objections on the petitioner-company at its registered office.
(4) If default is made in complying with any provision of sub-regulation (3), the
person concerned shall be deemed to have consented to the alteration proposed
in the petition :
Provided that the Bench, may, if it thinks fit, even after the final hearing, permit
any person to file objections after giving notice to the petitioner-company.
(5) The petitioner-company shall prove the despatch, publication and service of
notice(s) by an affidavit and such affidavit shall be enclosed with the petition.
(6) A petition under section 17 shall invariably contain information relating to the
number of creditors and the total amount due to them up to the latest practicable
date preceding the date of filing of the petition and, in any case, the date to
which the list referred to in sub-regulation (8) is made up, shall not precede the
date of filing the petition by more than two months. A list of creditors and
debenture-holders shall also be filed along with the petition.
(7) The Secretary of the petitioner-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 enquiry into the
affairs of the company and, having done so, have formed the opinion that the list
referred to in sub-regulation (8) is correct, that the estimated value 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 are
home out by the books and records of the company and that there are no other
debts of, 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 the ordinary hours of business, inspect and take
extracts from the same on payment of rupees ten to the company.
(9) Where no objection has been received from any of the parties, who have been
duly served, the Bench Officer may put up the petition for orders without
hearing.
37. Application for deposit - Applications under sub-section (9) of section 58A of the
Act or section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be in
Form No. 4 in Annexure II and shall be submitted in duplicate.
38. Petition under section 397 or 398 - A petition under section 397 or 398 shall not be
withdrawn without leave of the Board, and where the petition has been presented by
a member or members authorised by the Central Government under sub-section (4)
of section 399, notice of the application for leave to withdraw shall be given to the
Central Government.
39. Petition under section 407 - A petition under clause (b) of sub-section (1) of section
407 for leave to any of the persons mentioned therein as to be appointed or to act as
the managing or other director or manager of the company, shall state whether notice
of the intention to apply for such leave has been given to the Central Government
and shall be accompanied by a copy of such notice.
40. Reference under section 621A -
(1) Every application for compounding of an offence shall be made by a company
or its officers in default to the Registrar specifying clearly the nature of offence,
the date or period during which the offence was committed or continued, the
name and address of officers of the company who have committed the offence
and the prayer made.
(2) The Registrar shall forward the application made by the company, together with
his comments thereon, to the Board or the Regional Director, as the case may
be, within 30 days from the date of receipt of the application.
(3) Every Regional Director shall exercise the powers to compound an offence,
subject to any general or special order of the Board.
41. Petition under section 2A of the Monopolies Act - Provisions of these regulations
shall apply mutatis-mutandis to the petition made under section 2A of the
Monopolies Act.