Sl. No.
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Section of the Act
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Nature of petition
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Enclosures to
petition
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1.
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17(2)
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Petition for
confirming alteration in Memorandum of Association as to change of place of
the registered office from one State to another or with respect to objects of
a company
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1. Copy of the
memorandum and articles of association
2. Copy of the notice
calling for the meeting with Explanatory Statement
3. Copy of the Special
Resolution. sanctioning the alteration by the members of the company.
4. Copy of the minutes
of the meeting at which the Special Resolution was passed.
5. Affidavit verifying
the petition.
6. Bank draft
evidencing payment of application fee.
7. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
8. Copy of the latest
audited balance-sheet with the profit and loss account of the company with
auditor’s report and director’s report.
9. Affidavit proving
despatch and service of notice together with newspaper cuttings.
10. Affidavit verifying
list of creditors as per regulation 36(7).
11. Acknowledgment
receipt from the Registrar of Companies/ Regional Director and/or from the
Chief Secretary of the State Government/ Administrator, where applicable (See
regulation 14(3)(and 36(2))
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2.
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18(4)
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Application for
extension of time for filing documents for registration of alteration.
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1. Application
supported by affidavit.
2. Bank draft
evidencing payment of application fee.
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3.
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19
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Application for
revival of order made under section 17
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1. Application duly
supported by affidavit.
2. Bank draft
evidencing payment of application fee.
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4.
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43
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Petition praying
for relief from consequences of failure to comply with conditions
constituting it’s a private company.
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1. Copy of the memorandum
and articles of association.
2. Copy of the
documents showing that the default has been committed in complying with the
conditions laid down in clause (iii)of sub-section (1)of Section 3.
3. Affidavit verifying
the petition.
4. Bank draft
evidencing payment of application fee.
5. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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5.
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49(10)
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Petition to direct
the company to allow an immediate inspection of Register of investments, if
the inspection is refused.
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1. Documentary
evidence, if any, showing the refusal on the part of the company to allow
inspection of the Register of investments.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
5. Any other relevant
correspondence exchanged in the matter with the company.
6. Acknowledgment
receipt from the Registrar of Companies (See Regulation 14(3))
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6.
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58A(9)of Section
45QA of the RBI Act, 1934
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Petition to direct
the company to make repayment of the matured deposits.
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1. Copy of the deposit
receipt
2. Copy of the
correspondence exchanged with the company.
3. Bank draft
evidencing payment of application fee.
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7.
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79(2)
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Petition to
sanction issue of shares at a discount
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1. Copy of the
memorandum and articles of association.
2. Copy of the notice
calling for the meeting with Explanatory Statement and the Resolution
sanctioning issue.
3. Copy of the minutes
of the meting at which the resolution was passed.
4. Copies of the last
three years audited balance-sheets and profit and loss accounts, auditor’s
report and director’s report.
5. Affidavit verifying
the petition.
6. Bank draft
evidencing payment of application fee.
7. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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8
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80A(1)Proviso
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Petition to give
consent to issue of further redeemable preference shares in lieu of
irredeemable preference shares.
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1. Copy of the memorandum
and articles of association
2. Documents showing
the terms of issue of the existing preference shares.
3. Copy of the Board
Resolution and resolution of general meeting for issue of further redeemable
preference shares.
4. Copy of the latest
audited balance-sheet with the profit and loss account of the company with
auditor’s report and director’s report.
5. Affidavit verifying
the petition.
6. Bank draft
evidencing payment of application fee.
7. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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9.
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111 or 111A
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Petition for
rectification of Register of Members on any ground 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 the
memorandum and articles of association
2. Latest audited
balance-sheet and profit and loss account, auditor’s report and director’s
report.
3. Authenticated copy
of the extract of the Register of Members.
4. Copy of the
resolution of the Board or Committee of Directors (where applicable)
5. Any other relevant
documents.
6. Affidavit verifying
the petition.
7. Bank draft
evidencing payment of application fee.
8. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
9. Two extra copies of
the petition.
Where the petition
is made by any other person.
1. Documentary
evidence in support of the statements made in the petition including the copy
of the letter written by the petitioner to the company for purpose of
registering the transfer of, or the transmission of the right to,any share,or
interest in, or debentures as also a copy of the letter of refusal of the
company.
2. Copies of the
documents returned by the company.
3. Any other relevant
document.
4. Affidavit verifying
the petition.
5. Bank draft
evidencing payment of application fee.
6. Memorandum of
appearance with copy 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.
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113(1)
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Petition for
extending the period for delivery of the certificates 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 the
resolutions of the Board allowing the transfer and/or seeking extension.
4. Affidavit verifying
the petition.
5. Bank draft
evidencing payment of application fee.
6. Copy of the latest
audited balance-sheet and profit and loss account together with auditor’s
report and director’s report.
7. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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11.
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113(3)
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Petition for
non-compliance of sub-section (1)of Section 113 providing 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 for transfer, if any.
3. Copy of notice
served on the company requiring it to make good the default in complying with
the requirements of sub-section (1)of Section 113.
4. Any other
correspondence.
5. Affidavit verifying
the petition.
6. Bank draft
evidencing payment of application fee.
7. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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12.
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118(3)
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Petition for
furnishing copy of trust deed to person requiring it.
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1. Copy of the letter
written to the company for the issue of trust deed.
2. Copy of the letter
of refusal, if any, issued by the company.
3. Affidavit verifying
the petition.
4. Bank draft
evidencing payment of application fee.
5. Memorandum of
appearance with copy of the Board’s Resolution or the executed Vakalatnama,
as the case may be.
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13.
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141(1)and (3)
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Petition for
extension of time or condonation of delay in filing the particulars of a
charge or modification of a charge or limitation of payment or satisfaction
of a charge with the Registrar of Companies.
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1. Copy of the
agreement creating/modifying the charge, as the case may be.
2. Copy of the
resolution envisaged by Section 292(1)(b)or (c)and section 293(1)(d), as may
be applicable.
3. (Omitted by CLB
(Amendment)Regulation, 1992.)
4. Affidavit verifying
the petition.
5. Bank draft
evidencing payment of application fee.
6. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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14.
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144(4)
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Petition to direct
inspection of copies of instrument creating charge or register of charge.
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board’s Resolution or the executed Vakalatnama,
as the case may be.
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15.
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163 (6)
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Petition to direct
inspection of register and returns or to furnish the copies thereof to the
person requiring it.
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board’s Resolution or the executed Vakalatnama,
as the case may be.
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16.
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167
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Application for
directing to call annual genera meeting.
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1. Affidavit verifying
the petition.
2. Bank draft
evidencing payment of application fee.
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17.
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186
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Application for
ordering for calling of general meeting (other than Annual General Meeting)
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1. Documentary
evidence in proof of status of the applicant.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. 4. Memorandum of
appearance with copy of the Board’s Resolution or the executed Vakalatnama,
as the case may be.
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18.
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188(5)
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Application for
order as to whether the rights conferred are being abused to secure needless
publicity for defamatory matter and to order company’s costs to be paid in
whole or in part by the requisitionists.
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1. Affidavit verifying
the petition.
2. Bank draft
evidencing payment of application fee.
3. 3. Memorandum of
appearance or duly executed Vakalatnama.
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19.
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196(4)
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Petition to pass an
order directing immediate inspection of minute books or directing a copy
thereof be sent forthwith to person requiring it.
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. 4. Memorandum of
appearance with copy of the Board’s Resolution or the executed Vakalatnama,
as the case may be.
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20.
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219(4)
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Petition to pass an
order directing that a copy of balance-sheet and auditor’s report demanded be
furnished forthwith to person concerned.
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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21.
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225(3)
proviso
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Petition to decide
as to whether right of auditors to get their representation circulated and
read out at meeting is being abused to secure needless publicity for
defamatory matter and to order company’s costs of an application to be paid
in whole or in part by the retiring auditors.
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft evidencing
payment of application fee.
4. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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22.
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235(2)
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Petition to declare
by an order that affairs of a company be investigated by inspector(s)
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1. Documentary and/or
other evidence in support of the statements made in the petition, as are
reasonably open to the petitioner(s).
2. Documentary
evidence in proof of the eligibility and status of the petitioner(s)with the
voting power held 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 the executed Vakalatnama, as
the case may be.
6. Three extra copies
of the petition.
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23.
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250
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Complaint by any person
for finding out facts about certain shares.
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1. Documentary
evidence, if any, in support of the complaint.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board’s Resolution or the executed Vakalatnama,
as the case may be.
5. Three extra copies
of the petition
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24.
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284(4)
proviso
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Petition to decide
as to whether the right of a director to get his representation circulated
and read out at meeting is being abused to secure needless publicity for
defamatory matter and to order company’s costs to be paid in whole or in part
by such director
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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25.
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304(2)(b)
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Petition to pass an
order directing immediate inspection of register maintained under section
303.
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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26.
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307(9)
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Petition to pass an
order directing immediate inspection of register maintained under section
303.
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1. Documentary
evidence, if any, showing the refusal of the company to give inspection to
the petitioner.
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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27.
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397,398, 399(4),
400, 401, 402, 403, 404, 405.
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Petition to
exercise powers in connection with prevention of oppression and/ or
mismanagement.
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1. Documentary and/or
other evidence in support of the statements made in the petition, as are
reasonably open to the petitioner(s).
2. Documentary
evidence in proof of the eligibility and status of the petitioner(s)with the
voting power held by each of them.
3. Where the petition
is presented on behalf of members, the letter of consent given by them.
4. Statement of
particular showing names, addresses, number of shares held and whether all
calls and other monies due on shares have been paid in respect of members who
have given consent to the petition being presented on their behalf.
5. Where the petition
is presented by member or members authorised by the Central Government under
section 399(4), the order of the Central Government authorising such member
or members to present the petition shall be similarly annexed to the
petition.
6. Affidavit verifying
the petition.
7. Bank draft
evidencing payment of application fee.
8. Memorandum of appearance
with copy of the Board Resolution or the executed Vakalatnama, as the case
may be.
9. Three spare copies
of the petition.
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28.
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407(1)(b)
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Petition to grant
leave for an appointed of Managing Director of manager whose agreement as
been terminated or set aside provided notice has been served on Central
Government.
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1. Documentary and/or
other evidence in support of the statements made in the petition, as are
reasonably open to the petitioner(s).
2. Documentary
evidence in proof of the eligibility and status of the petitioner(s)with the
voting power held by each of them.
3. Where the petition
is presented on behalf of members, the letter of consent given by them.
4. Statement of
particular showing names, addresses, number of shares held and whether all
calls and other monies due on shares have been paid in respect of members who
have given consent to the petition being presented on their behalf.
5. Where the petition
is presented any member or members authorised by the Central Government under
section 399(4), the order of the Central Government authorising such member
or members to present the petition shall be similarly annexed to the
petition.
6. Affidavit verifying
the petition.
7. Bank draft
evidencing payment of application fee.
8. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
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29.
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408(1)(2)and (5)
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Petitioner to
decide whether it is necessary to appoint Government director on the Board of
directors and to advice Central Government accordingly
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1. Documentary and/or
other evidence in support of the statements made in the petition, as are
reasonably open to the petitioner(s).
2. Documentary
evidence in proof of the eligibility and status of the petitioner(s)with the
voting power held 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 the executed Vakalatnama, as
the case may be.
6. Three spare copies
of the petition.
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30.
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409(1)
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Petition to prevent
change in Board of Directors likely to affect company prejudicially.
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1. Documentary and/or
other evidence in support of the statements made in the petition, as are
reasonably open to the petitioner(s).
2. Documentary
evidence in proof of the eligibility and status of the petitioner(s)with the
voting power held 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 the executed Vakalatnama, as
the case may be.
6. Three spare copies
of the petition.
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31.
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614(1)
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Petition to pass an
order directing a company to make good the default from its failure to make
returns, etc. to the Registrar of Companies.
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1. Copy of the notice
served on the company to make good the default
2. Documentary
evidence as to the service of notice.
3. Affidavit verifying
the petition.
4. Memorandum of
appearance with copy of the Board Resolution or the executed Vakalatnama, as
the case may be.
5. Bank draft
evidencing payment of application fee.
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33.
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2A of the
Monopolies Act
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Petition for
determination of any question of group, interconnection or same management in
accordance with the provision of section 2A of the Monopolies Act.
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1. Documentary
evidence, in support of the statements made in the petition, as are
reasonably open to the petitioner(s).
2. Affidavit verifying
the petition.
3. Bank draft
evidencing payment of application fee.
4. three extra copies
of the petition.
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