Section 84 in National Company Law Tribunal Rules, 2016
84. Right to apply under section 245.
(1)An application under sub-section (1) of section 245, read with sub-section (3) of section 245 of the Act, shall be filled in Form NCLT-9.(2)A copy of every application under sub-rule (1) shall be served on the company, other respondents and all such persons as the Tribunal may direct.(3)[ In case of a company having a share capital, the requisite number of member or members to file an application under sub-section (1) of section 245 shall be -(i)(a)at least five per cent. of the total number of members of the company; or(b)one hundred members of the company,whichever is less; or(ii)(a)member or members holding not less than five per cent. of the issued share capital of the company, in case of an unlisted company;(b)member or members holding not less than two per cent. of the issued share capital of the company, in case of a listed company.(4)The requisite number of depositor or depositors to file an application under sub-section (1) of section 245 shall be -(i)(a)at least five per cent. of the total number of depositors of the company; or(b)one hundred depositors of the company,whichever is less; or;(ii)depositor or depositors to whom the company owes five per cent. of total deposits of the company.]
