Company Law Board Regulations, 1991

14. Procedure for filing petition –

1.      Subject to the provision of regulations 35 and 37, a petition to the Bench shall be prepared in Form No.1 in Annexure II and presented by the petitioner in person or through authorized representative to the office of the Bench or be sent by registered post with acknowledgment due addressed to the Secretary or Bench Officer of the Bench concerned, as the case may be.

2.      The petitioner shall serve a copy of the petition, reference or application on the respondent or respondents, as the case may be, and produced evidence of such service.

3.      Provided that where the number of respondents is more than five, Secretary or Bench Officer may permit the petitioner to file extra copies of the petition at the time of issue of notice to the respondents.

4.      The petitioner shall serve a copy of the reference or petition other than a petition, under sections 49, 79, 80A, (111, 111A), 113, 118, 144, 163, 188, 196, 219, 225, 284, 304 and 307 of the Act, upon the concerned Registrar of Companies, having jurisdiction over the company and shall attach to and present with his petition, reference an acknowledgment from the office of the Registrar of Companies receiving a copy of the petition, reference, so served.

Provided that, in the case of a petition under section 17 by a company licensed under section 25 of the Act, the copy of the petition shall also be served upon the Regional Director:

Provided further that, in case of a petition or complaint under section 235, 237, 250, 397, 398, 408 and 409 of the Act, a copy thereof shall also be served upon the Central Government.

a.      Notwithstanding anything contained in sub-regulations (1)to (2), the Bench may permit more than one person to join together and file a single petition if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter.

b.     Such permission shall be granted where the joining of the petitioners by a single petition is specifically permitted by the Act.

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5.      Every petition, other than an application under (sub-section (9)of section 58A of the Act or under sub-section (2)of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934),)shall be accompanied by an affidavit verifying the same and shall be drawn up in the first person and shall state the full name, age, occupation and complete residential address of the deponent and shall be signed by the deponent and sworn before the person specified in section 558 of the Act.

6.      Where the deponent is not personally is not personally known to the person before whom the affidavit under sub-regulation (5)is sworn, he shall be identified by a person who is known to the person before whom the affidavit is sworn.

7.      Every affidavit under sub-regulation (5)shall clearly and separately indicate the statements which are true to the-

a.      Knowledge of the deponent;

b.     Information received by the deponent;

c.      Belief of the deponent; and

d.     Information based on legal advice.

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8.      Where the statement referred to in sub-regulation (7)is stated to be true to the information received by the deponent, the affidavit shall also include the name and complete residential address of the person from whom the information has been received by the deponent and whether the deponent believes that information to be true.

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