| SI. No. |
Section of the Act |
Nature of petition |
Enclosures to petition |
| (1) |
(2) |
(3) |
(4) |
| 1. |
Omitted. (vide GSR630(E) dated 12/8/2012) |
| 2. |
Omitted. (vide GSR630(E) dated 12/8/2012) |
| 3. |
Omitted. (vide GSR630(E) dated 12/8/2012) |
| 4. |
43 |
Petition praying for relief from consequences of failure tocomply with conditions constituting it’s a private company.
|
1. Copy of the memorandum and articles of association.2.Copy of the documents showing that the default has been committedin complying with the conditions laid down in clause (iii) ofsub-section (1) of Section 3.3. Affidavit verifying thepetition.4. Bank draft evidencing payment of applicationfee.5. Memorandum of appearance with copy of the BoardResolution or the executed Vakalatnama, as the case may be.
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| 5. |
49 (10) |
Petition to direct the company to allow an immediateinspection of Register of investments, if the inspection isrefused.
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1. Documentary evidence, if any, showing the refusal on thepart of the company to allow inspection of the Register ofinvestments.2. Affidavit verifying the petition.3. Bankdraft evidencing payment of application fee.4. Memorandum ofappearance with copy of the Board Resolution or the executedVakalatnama, as the case may be.5. Any other relevantcorrespondence exchanged in the matter with the company.6.Acknowledgement receipt from the Registrar of Companies (SeeRegulation 14(3))
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| 6. |
58A(9) or 117 C of Section 45QA of the RBI Act, 1934 |
Application to direct the company to make repayment of thematured deposits or debentures
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1. Copy of the deposit receipt2. Copy of thecorrespondence exchanged with the company.3. Bank draftevidencing payment of application fee.
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| 6A. |
58AA |
Petition to intimate the default in making repayment of thematured deposits from small depositors and interest thereon
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1. Names and addresses of the officers of the company.2.Full details of small depositors such as names, addresses, amountof deposits, rate of interest, dates of maturity and other termsand conditions of deposits.3. Reasons for nonpayment or latepayment.4. Annual Reports for the last three years.5.Projection and cash flow statement for the next three financialyears duly certified by Statutory Auditors of the company.
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| 7. |
79(2) |
Petition to sanction issue of shares at a discount |
1. Copy of the memorandum and articles of association.2.Copy of the notice calling for the meeting with ExplanatoryStatement and the Resolution sanctioning issue.3. Copy of theminutes of the meeting at which the resolution was passed.4.Copies of the last three years audited balance-sheets and profitand loss accounts, auditor’s report and director’sreport.5. Affidavit verifying the petition.6. Bank draftevidencing payment of application fee.7. Memorandum ofappearance with copy of the Board Resolution or the executedVakalatnama, as the case may be.
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| 8. |
80A(1) Proviso |
Petition to give consent to issue of further redeemablepreference shares in lieu of irredeemable preference shares.
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1. Copy of the memorandum and articles of association2.Documents showing the terms of issue of the existing preferenceshares.3. Copy of the Board Resolution and resolution ofgeneral meeting for issue of further redeemable preferenceshares.4. Copy of the latest audited balance-sheet with theprofit and loss account of the company with auditor’sreport and director’s report.5. Affidavit verifying thepetition.6. Bank draft evidencing payment of applicationfee.7. Memorandum of appearance with copy of the BoardResolution or the executed Vakalatnama, as the case may be.
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| 9. |
111 or 111A |
Petition for rectification of Register of Members on anyground including refusal of registration of transfer/transmission of shares/ debentures by the company.
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Where the company is the petitioner.1. Copy of thememorandum and articles of association2. Latest auditedbalance-sheet and profit and loss account, auditor’s reportand director’s report.3. Authenticated copy of theextract of the Register of Members.4. Copy of the resolutionof the Board or Committee of Directors (where applicable)5.Any other relevant documents.6. Affidavit verifying thepetition.7. Bank draft evidencing payment of applicationfee.8. Memorandum of appearance with copy of the BoardResolution or the executed Vakalatnama, as the case may be.9.Two extra copies of the petition.Where the petition is madeby any other person.1. Documentary evidence in support of thestatements made in the petition including the copy of the letterwritten by the petitioner to the company for purpose ofregistering the transfer of, or the transmission of the right to,any share, or interest in, or debentures as also a copy of theletter of refusal of the company.2. Copies of the documentsreturned by the company.3. Any other relevant document.4.Affidavit verifying the petition.5. Bank draft evidencingpayment of application fee.6. Memorandum of appearance withcopy of the Board’s Resolution or the executed Vakalatnama,as the case may be.7. Two extra copies of the petition.
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| 10. |
113(1) |
Petition for extending the period for delivery of thecertificates of debentures.
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1. Copy of the letter of allotment issued by the company.2.Copy of the instrument of transfer.3. Copies of theresolutions of the Board allowing the transfer and/or seekingextension.4. Affidavit verifying the petition.5. Bankdraft evidencing payment of application fee.6. Copy of thelatest audited balance-sheet and profit and loss account togetherwith auditor’s report and director’s report.7.Memorandum of appearance with copy of the Board Resolution or theexecuted Vakalatnama, as the case may be.
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| 11. |
113(3) |
Petition for noncompliance of subsection (1) of Section 113providing time-limit for issue of shares /debenture certificates.
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1. Copy of the letter of allotment issued by the company.2.Documentary evidence for the lodgment of shares of debentures fortransfer, if any.3. Copy of notice served on the companyrequiring it to make good the default in complying with therequirements of sub-section (1) of Section 113.4. Any othercorrespondence.5. Affidavit verifying the petition.6.Bank draft evidencing payment of application fee.7.Memorandum of appearance with copy of the Board Resolution or theexecuted Vakalatnama, as the case may be.
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| 11A. |
117B(4) |
Petition to intimate the default in making repayment of thematured debentures and interest thereon
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1. Names and addresses of the officers of the company.2.Full details of debenture holders such as names, addresses,amounts, rate of interest, dates of maturity and other terms andcondition of the debentures.3. Reasons for non-payment orlate payment.4. Annual Reports for the last three years.5.Copy of the Prospectus issued at the time of issue ofdebentures.6. Copy of the Trust Deed.
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| 12. |
118(3) |
Petition for furnishing copy of trust deed to person requiringit.
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1. Copy of the letter written to the company for the issue oftrust deed.2. Copy of the letter of refusal, if any, issuedby the company.3. Affidavit verifying the petition.4.Bank draft evidencing payment of application fee.5.Memorandum of appearance with copy of the Board’sResolution or the executed Vakalatnama, as the case may be.
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| 13. |
Omitted. (vide GSR630(E) dated 12/8/2012) |
| 14. |
144(4) |
Petition to direct inspection of copies of instrument creatingcharge or register of charge.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard’s Resolution or the executed Vakalatnama, as the casemay be.
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| 15. |
163(6) |
Petition to direct inspection of register and returns or tofurnish the copies thereof to the person requiring it.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard’s Resolution or the executed Vakalatnama, as the casemay be.
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| 16. |
167 |
Application for directing to call annual general meeting. |
1. Affidavit verifying the petition.2. Bank draftevidencing payment of application fee.
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| 17. |
186 |
Application for orderingfor calling of general meeting (other than Annual GeneralMeeting)
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1. Documentary evidence in proof of status of theapplicant.2. Affidavit verifying the petition.3. Bankdraft evidencing payment of application fee.4. Memorandum ofappearance with copy of the Board’s Resolution or theexecuted Vakalatnama, as the case may be.
|
| 18. |
Omitted. (vide GSR 630(E) dated 12/8/2012) |
| 19. |
196(4) |
Petition to pass an order directing immediate inspection ofminute books or directing a copy thereof be sent forthwith toperson requiring it.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard’s Resolution or the executed Vakalatnama, as the casemay be.
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| 20. |
219(4) |
Petition to pass an order directing that a copy ofbalance-sheet and auditor’s report demanded be furnishedforthwith to person concerned.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard Resolution or the executed Vakalatnama, as the case may be.
|
| 21. |
225(3) proviso |
Petition to decide as to whether right of auditors to gettheir representation circulated and read out at meeting is beingabused to secure needless publicity for defamatory matter and toorder company’s costs of an application to be paid in wholeor in part by the retiring auditors.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard Resolution or the executed Vakalatnama, as the case may be.
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| 22. |
235(2) |
Petition to declare by an order that affairs of a company beinvestigated by inspector(s)
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1. Documentary and/or other evidence in support of thestatements made in the petition, as are reasonably open to thepetitioner(s).2. Documentary evidence in proof of theeligibility and status of the petitioner(s) with the voting powerheld by each of them.3. Affidavit verifying the petition.4.Bank draft evidencing payment of application fee.5.Memorandum of appearance with copy of the Board Resolution or theexecuted Vakalatnama, as the case may be.6. Three extracopies of the petition.
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| 23. |
250 |
Complaint by any person for finding out facts about certainshares.
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1. Documentary evidence, if any, in support of thecomplaint.2. Affidavit verifying the petition.3. Bankdraft evidencing payment of application fee.4. Memorandum ofappearance with copy of the Board’s Resolution or theexecuted Vakalatnama, as the case may be.5. Three extracopies of the petition.
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| 24. |
284(4) proviso |
Petition to decide as to whether the right of a director toget his representation circulated and read out at meeting isbeing abused to secure needless publicity for defamatory matterand to order company’s costs to be paid in whole or in partby such director.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard Resolution or the executed Vakalatnama, as the case may be.
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| 25. |
304(2)(b) |
Petition to pass an order directing immediate inspection ofregister maintained under section 303.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard Resolution or the executed Vakalatnama, as the case may be.
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| 26. |
307(9) |
Petition to pass an order directing immediate inspection ofregister maintained under section 303.
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1. Documentary evidence, if any, showing the refusal of thecompany to give inspection to the petitioner.2. Affidavitverifying the petition.3. Bank draft evidencing payment ofapplication fee.4. Memorandum of appearance with copy of theBoard Resolution or the executed Vakalatnama, as the case may be.
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| 27. |
397, 398, 399(4), 400, 401, 402, 403, 404, 405. |
Petition to exercise powers in connection with prevention ofoppression and/ or mismanagement.
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1. Documentary and/or other evidence in support of thestatements made in the petition, as are reasonably open to thepetitioner(s).2. Documentary evidence in proof of theeligibility and status of the petitioner(s) with the voting powerheld by each of them.3. Where the petition is presented onbehalf of members, the letter of consent given by them.4.Statement of particular showing names, addresses, number ofshares held and whether all calls and other monies due on shareshave been paid in respect of members who have given consent tothe petition being presented on their behalf.5. Where thepetition is presented by member or members authorised by theCentral Government under section 399(4), the order of the CentralGovernment authorising such member or members to present thepetition shall be similarly annexed to the petition.6.Affidavit verifying the petition.7. Bank draft evidencingpayment of application fee.8. Memorandum of appearance withcopy of the Board Resolution or the executed Vakalatnama, as thecase may be.9. Three spare copies of the petition.
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| 28. |
407(1)(b) |
Petition to grant leave for an appointed of Managing Directorof manager whose agreement as been terminated or set asideprovided notice has been served on Central Government.
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1. Documentary and/or other evidence in support of thestatements made in the petition, as are reasonably open to thepetitioner(s).2. Documentary evidence in proof of theeligibility and status of the petitioner(s) with the voting powerheld by each of them.3. Where the petition is presented onbehalf of members, the letter of consent given by them.4.Statement of particular showing names, addresses, number ofshares held and whether all calls and other monies due on shareshave been paid in respect of members who have given consent tothe petition being presented on their behalf.5. Where thepetition is presented any member or members authorised by theCentral Government under section 399(4), the order of the CentralGovernment authorising such member or members to present thepetition shall be similarly annexed to the petition.6.Affidavit verifying the petition.7. Bank draft evidencingpayment of application fee.8. Memorandum of appearance withcopy of the Board Resolution or the executed Vakalatnama, as thecase may be.
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| 29. |
408(1) (2) and (5) |
Petitioner to decide whether it is necessary to appointGovernment director on the Board of directors and to adviceCentral Government accordingly.
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1. Documentary and/or other evidence in support of thestatements made in the petition, as are reasonably open to thepetitioner(s).2. Documentary evidence in proof of theeligibility and status of the petitioner(s) with the voting powerheld by each of them.3. Affidavit verifying the petition.4. Bank draft evidencing payment of application fee.5.Memorandum of appearance with copy of the Board Resolution or theexecuted Vakalatnama, as the case may be.6. Three sparecopies of the petition.
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| 30. |
409(1) |
Petition to prevent change in Board of Directors likely toaffect company prejudicially.
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1. Documentary and/or other evidence in support of thestatements made in the petition, as are reasonably open to thepetitioner(s).2. Documentary evidence in proof of theeligibility and status of the petitioner(s) with the voting powerheld by each of them.3. Affidavit verifying the petition.4.Bank draft evidencing payment of application fee.5.Memorandum of appearance with copy of the Board Resolution or theexecuted Vakalatnama, as the case may be.6. Three sparecopies of the petition.
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| 31. |
614(1) |
Petition to pass an order directing a company to make good thedefault from its failure to make returns, etc. to the Registrarof Companies.
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1. Copy of the notice served on the company to make good thedefault2. Documentary evidence as to the service ofnotice.3. Affidavit verifying the petition.4. Memorandumof appearance with copy of the Board Resolution or the executedVakalatnama, as the case may be.5. Bank draft evidencingpayment of application fee.
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| 32. |
2A of the Monopolies Act |
Petition for determination of any question of group,interconnection or same management in accordance with theprovision of section 2A of the Monopolies Act.
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1. Documentary evidence, in support of the statements made inthe petition, as are reasonably open to the petitioner(s).2.Affidavit verifying the petition.3. Bank draft evidencingpayment of application fee.4. three extra copies of thepetition.
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