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  • Affidavit of ......, the petitioner herein-Affidavits-Miscellaneous-441.

    IN THE HIGH COURT OF JUDICATURE OF ………………  AT……………. C.M.P. No……….. of …….. 20……….. in C.R.P. No……….. of …….. 20……….. Between : …………………….. …………………….                   …..Petitioners/Petitioners and ……………………. ……………………                                       .....Respondent/Respondents Affidavit of ………………, the petitioner herein I, ……………………………………………..…..……………. W/o……………………………………………………………, Hindu, aged about………………………………………………… years,  Housewife, R/o……………………………..………..…. Road, ……………………………………………..……..…....  Town and …………………………………………………….. Mandal, …………………………………………….………. District and now having temporarily come down to ………………..………………. do hereby solemnly and sincerely affirm and state on oath as follows : 1. That I am the petitioner herein and also the petitioner in the above Civil Revision Petition and also the petitioner in I.A.No . ……………………….... of …………………..……. in C.M.A.No . ……………….……. of ……………..……. on the file of the Court of the Vth Additional District Judge, ………………………..………….. and as such I am well acquainted with the facts of the case. 2. I submit that the plaint schedule property was originally assigned to one Sri…………………………………. in the year………………………… and inasmuch as he had violated the terms and conditions, the patta was cancelled in the year…………………..….. and after thorough enquiry and completing all the formalities, it was signed to me and I had constructed a pucca house in the said site and I obtained electricity service connection and I have been in actual possession and enjoyment of the same as the absolute owner thereof. 3. I further submit that it appears that the 1st respondent had obtained a money decree against one late Sri ……………………………………………………………….. in O.S.No . ………………………..……. of …… on the file of the Court of the I Additional Junior Civil Judge, ………………………………… and filed E.P.No ………………. …… of …… to attach my house property, which is not liable to be sold in Court auction. It is humbly submitted that I filed E.A. No. ……… of the Court of the I Additional Junior Civil Judge,……………………………... under Order 21, Rule 58 C.P.C. and the said E.A. was dismissed though I had marked Exs. A-1 to A-7 and also examined P.Ws . 1 and 2 to prove my case. Aggrieved by the same, I filed C.M.A. No. ……………………... of ………………………….. on the file of the Court of the V Additional District Judge, ……………………….. and I also filed an application I.A.No ……………………….….. of ……………………….……… for grant of stay, whereunder a direction was given not to confirm the sale only and aggrieved by the same, I am preferring the above C.R.P. 4. I crave the leave of this Hon’ble Court to read the contents of Memorandum of Grounds of Civil Revision Petition may be read as part and parcel of this affidavit also for better appreciation of the facts and circumstances of the case. 5. I humbly submit that I have strong ground and also I have prima facie case and the balance of convenience is also in my favour and in the said circumstances if the Hon’ble Court has not granted interim stay of all further proceedings in E.P.No . ……………….….. of …………………..…… in O.S.No …………………… of …. on the file of the Court of the I Additional Junior Civil Judge, ………………….….as otherwise, I will be put to irreparable loss, great hardship, heavy injury and unsustainable damage. Under these circumstances, it is just and necessary in the interests of Justice, that this Hon’ble Court may be pleased to stay all further proceedings in E.P. No. …………………… of…………………… ……. in O.S.No …………………………. of …………………………….. on the file of the Court of the I Additional Junior Civil Judge,……. without reference to the order made in I.A.No ………………………. of ….. in C.M.A.No ……  of dated………. on the file of the Court of the V Additional District Judge, ………. pending the disposal of the above Civil Revision petition, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Solemnly and sincerely affirmed……. on this the ………of ……. and signed          his name in my presence. Deponent Before me Advocate ………… Download Word Document In English. (Rs.15/-)

  • ANNE:XURE - A (See rule 4l

    ANNE:XURE - A (See rule 4l  FORIU NO. NCLT.  1 [see rules 3,4, 64, 66, 67, 68, 69, 70, 7 t, 73, 74, 75, 77, 78, 79, 80, 81, 83, 86 and 8{   FORM NCLT. 4l Columns required for filing of Original Application / Reply / Rejoinder / Interlocutory Application or liling of addltlonal documents under directions of the Bench  Details of Original Applicatlon / Reply / Rejoinder / Interlocutory Appllcation Particulars of the Petitioner / Applicant / Respondent and state whether company, whether petitioner or not. (Name, description, father's / husband's name, occupation, capacity, i.e. qua shareholder, qua depositor and address)  Juriedlction of the Bench: The petitioner declares that the subject-matter of the petition is within the jurisdiction of the Bench.  iii. Limltation: (If applicablef The petitioner / applicant further declares that the petition is within the limitation laid down in section ....... Of the Companies Act, 2013 (where applicable)  iv. Facts ofthe case are glven below: (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise. )  v. Relieflsf sought. In view ofthe facts mentioned above, the petitioner/ applicant / respondent prays for the following relief(s): (Speciff below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon) 71 lPage  vi. Particulars of Bank draft evidencing payment of fee for the petition or application made: Branch of the Bank on which drawn:  Name of the issuing branch:  Demand Draft No.........  Date..............  Amount Rs...........  (Signature/ Signature of Authorised signatory)  Date: Place: Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • NOTICE SIMPLE REPLY

    NOTICE SIMPLE REPLY  Advocate ________________  Ref:  Dated: ______  To:  Legal Notice Sir,  Under instructions from my client, Sh. __________________________________, I am serving you with the following legal notice in unequivocal terms:-  1. That my client _____ ____________________________ 2. Now please take notice that ___________________________ within 7 days on receipt of this notice, failing which my client will be constrained to initiate appropriate legal action against you at your risk and expense.  Kindly note that cc is retained.  Yours sincerely,  ______, Advocate  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Affidavit on behalf of the petitioners herein-Affidavits-Production of Documents-374

    IN THE HIGH COURT OF JUDICATURE OF ………………AT …………………. C.M.P. No. ……… of ……….. 20…….  In C.M.A. No. ……. of ……… 20……. Between : A.B.                    … Petitioners/Appellants And C.D.                  … Respondents   Affidavit on behalf of the petitioners herein   I, Mr................................................................………,  S/o. …………………………………………………………….………, an adult Indian inhabitant, residing at …………………………………………….……………., do hereby solemnly affirm and state as follows:    I submit that the above said matter was posted for dismissal and in as much as I was instructed by my senior to look after the matter, I was carefully watching the matter.  I also submit that there was heavy work before the Hon'ble Courts and on that day i.e. ……………………………….………….… I was moving from Court to Court and in as much as there was no representation at the relevant time, this Hon'ble Court had dismissed the matter for default.  My absences at the relevant time before this Hon'ble Court was due to unavoidable circumstances and hence the matter may be restored to the file of this Hon'ble Court, or otherwise the petitioners will be put to irreparable loss and serious injury.   It is therefore prayed that this Hon'ble Court may be pleased to set aside the dismiss for default order dated …………………….…… in C.M.A. No. ………………………….. of ……………… and restore the same to the file of this Hon'ble Court and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.: Solemnly affirmed at ..................... on this …………….. day of.............. 20...... Deponent Before me Advocate............ MISC. PETITION Under Order 9 Rule 13 R/w. Section 151 C.P.C. IN THE HIGH COURT OF JUDICATURE OF ………………. AT ……………. C.M.P. No. …………. of ………. 20…… In C.M.A. No. ………. of ……… 20…… Between : A.B.        … Petitioners/Appellants And C.D.              … Respondents/Respondents For the reasons and in the circumstances stated in the accompanying affidavit, the petitioners herein pray in the interests of justice, that this Hon’ble Court may be pleased to set aside the dismiss for default order dated ……………………… in C.M.A. No. ……………….....……….. of …………………….……… and restore the same to the file of this Hon'ble Court and pass such other and further order or orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case. Place : Dated : Advocate for Petitioners Download Word Document In English. (Rs.30/-)

  • ……………COMPANY_____ LIMITED DIRECTORS REPORT

    ……………COMPANY_____ LIMITED  DIRECTORS REPORT  To The Members, _________________________ LIMITED Your Directors have great pleasure in presenting the ____________ ANNUAL REPORT of the Company along with AUDITED ACCOUNTS as at ……………………..…………. '…………………………... FINANCIAL RESULTS During the year under review, the Company got good returns on his investments and earned Net Profit after tax to the tune of Rs.___________________. The Overall Financial Performance of the Company is as under; Year Ended Year Ended DATED…………………………TO…_____ _____ Turnover Less: Operating Expenses Net Profit Before Tax Provision for Taxation Net Profit After Tax Profit/(Loss) B/f from Previous Period Net Profit/(Loss) Carried Over to Balance Sheet DIRECTORS Shri ________________________________, Director of the Company, who retire by rotation and being eligible offers himself for re-appointment. AUDITORS M/s ___________________________________, Chartered Accountants, New Delhi, Auditors of the Company retires at the ensuing Annual General Meeting and being eligible, offers themselves for re-appointment. AUDITORS' REPORT Auditors’ Report to the accounts have been considered by the Board and clarified wherever necessary in the Schedules Notes on Accounts. PARTICULARS OF EMPLOYEES In pursuance of the provisions of section 217(2A) of the Companies Act, 1956 read with the Companies (Particulars of Employees) Rules, 1975 your Company had no employee drawing salary- or more p.a. during the financial year ending on ____________, 20_______ or Rs……………………………..- or more p.m. during any part of the financial year. or In pursuance of the provisions of section 217(2A) of the Companies Act, 1956 read with the Companies (Particulars of Employees) Rules, 1975 a list of the employees drawing salary of Rs.6,00,000/- or more p.a. during the financial year ending on ____________, 200___ or Rs.50,000/- or more p.m. during any part of the financial year is given in Annexure ' ' to this report. DEPOSITS The Company has not accepted any Public Deposits within the means of section 58A of the Companies Act, 1956 and the rules made thereunder. CONSERVATION OF ENERGY, TECHNOLOGY ABSORPTION AND FOREIGN EXCHANGE EARNINGS AND OUTGO Your Company has yet to start its commercial production, therefore, we would like to mention that the section 217(1)(e) of the Companies Act, 1956 read with rule (2) of the Companies (Disclosures of Particulars in the Report of Board of Directors) Rule 1988 are not applicable to this Company. Foreign Exchange Earnings - Rs. Nil Outgos - Rs. Nil                                                            ACKNOWLEDGEMENT   Your Directors wish to place on record their appreciation for the co-operation and support extended by the Banks, person associated at all levels. By order of the Board  CHAIRMAN New Delhi, __________, 200_______. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • ALTERATION OF MAIN OBJECTS CLAUSE

    ALTERATION OF MAIN OBJECTS CLAUSE  "RESOLVED THAT pursuant to the provisions of Section 17 and other applicable provisions, if any, of the Companies Act, 1956, Clause III(A) of the Memorandum of Association of the Company be and is hereby altered by substituting the existing sub clauses ______ with the following: 1. ___________________________________ 2. ___________________________________ RESOLVED FURTHER THAT Mr. _______________________________, Director of the Company be and is hereby authorised to take all necessary steps to give effect to the said resolution."  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • N.O.C. TO MOTHER TO RECEIVE DECEASED FATHER PROPERTY RENT

    N.O.C. TO MOTHER TO RECEIVE DECEASED  FATHER PROPERTY RENT  Affidavit of MR……………………………….................................  and Kumari/Mrs ________________________________  son / daughter of Late Shri ________________________  Resi______________________________________ _____  aged about ………………….. and ……………… years. We, the above named do hereby solemnly affirm and declare on oath as under:-  1. That we are legal heirs of Late Shri___________________________ who expired on ___________.  2. That we and our mother Smt. ___________________ have legally inherited the entire movable and immovable properties situated at _________________belonging to late Shri __________ including a building.  3. That Smt. ___________________ is our mother and as such we have no objection in case the rental of the premises under your occupation is paid to her as per terms of the tenancy agreement.  4. That whatever stated above are true and correct to our knowledge and nothing has been concealed.  Verified at_______ on ___________ Deponent.  Verification:-  I, ___________________________ w/o Late Shri _____________________ ,the above named deponent do hereby solemnly affirm and verify that the contents of paras 1 to 4 are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed there from.  Verified at ______________on _____day of_______.  Deponent. Download Word Document In English. (Rs.15/-)

  • PUBLIC NOTICE OF TERMINATION OF AGENT_S AUTHORITY

    PUBLIC NOTICE OF TERMINATION  OF AGENT'S AUTHORITY  Notice is hereby served to all concerned that Mr. _______________________, S/o ________________________, R/o___________________________, who was in the service of our company (Name of Company and type of business conducted by it) as __________________ Agent being no longer associated in that capacity with the our company. It may please be noted that Mr. _________________________, has ceased to be in is no longer in the service of our company ________ day of ______ and he has no authority whatever in transacting any business or receiving money or acting in any way on my behalf. concurred the power of attorney executed on the _______ day of ________ appointing him as our Agent. That the shall not be responsible as Principal for any action, debt, commitment or deeds done by the said Mr. _______________________________.  Signature  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • NOTICE UNDER NEGOTIABLE INSTRUMENTS ACT REGARDING DISHONOUR CHEQUE

    NOTICE UNDER NEGOTIABLE INSTRUMENTS ACT REGARDING DISHONOUR CHEQUE REGISTERED A.D. To, Mr..............................................…………… RESI....................................……………………   Sub:- Notice under Section 138 of the Negotiable Instruments Act for Cheque Dishonoured due to insufficient funds. Dear Sir, Under instructions and authority from our client M/s. ____________________________ having their office at _____________________________, we serve upon you the following notice of demand under Section 138 of the Negotiable Instruments Act. 1. That your business concern M/s ______________________________ had purchased from my client goods (Name and brief description of goods) vide their invoice bearing no. _________ dated __________________ for Rs.__________________ 2. On delivery of goods above mentioned, you issued a cheque bearing no. ____ dated _________  for Rs._______drawn on ____ Bank. 3. That when the aforesaid cheque was presented by our client M/s. ______________ to your Bankers i.e. _____________________ the same was returned unpaid by the Bank with the remarks/reasons  "Insufficient Funds".  This fact was brought to your notice by our client vide letter dated______________________. 4. That in reply to our client’s letter, you sent a letter dated ________________ requesting him to deposit the cheque again with banker and assured him that they will be cleared this time. 5. My client again presented your above mentioned cheque with its bankers, this time again cheque was returned un-paid by the bank due to insufficient funds. 6. That thereafter inspite of many telephonic reminders and personal visits by the representative of our client to your office, you failed to make the payment due to our client. 7. That on account of the above facts, you are liable to be prosecuted under section 138 of the Negotiable Instrument Act, 1881 as amended upto date under which you are liable to be punished with imprisonment which may extend to one year or with fine which may extend to twice the amount of cheque or with both. 8. Under the circumstances, we call upon you to make the payment of Rs.____________ _____ being the principal amount of the aforesaid cheque along with interest @ ____ % per annum till the time of actual payment within a period of 15 (fifteen) days from the date of receipt of this notice, failing which we will be bound to take further necessary action under the provisions of Negotiable Instrument Act, 1881 against you in the competent court of law at your risk and cost. This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose. Kindly take notice.   Date:____________    Yours faithfully, Download Word Document In English. (Rs.15/-)                                                                                                     Download PDF Document In Marathi. (Rs.15/-)

  • Key points to be kept in mind while filing petition

    Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) Key points to be kept in mind while filing petition/application under section 252(1) or section 252 (3) of the Companies Act, 2013 before the NCLT court INTRODUCTION As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazette. The provisions specify the professionals i.e., Company Secretaries, Chartered Accountants and Advocates who can practice before the NCLT or NCLAT. As we the Company Secretaries are new to this field, most of us find it difficult to file application or petition for revival of company[1] or any other document or appear before the NCLT as we are not much aware of the procedural aspects of the court. Apart from general, an attempt has been made to understand the procedural aspects of filing petition/application before the NCLT. I have enumerated the key points to be kept in mind while going for revival of company before NCLT court. IMPORTANT DEFINITIONS: (a). “Applicant” means a petitioner or an appellant or any other person or entity capable of making an application including an interlocutory application or a petition or an appeal under the Act; (b). “filer” means an authorised representative of that person or any party to the proceedings who files any document with the Tribunal in relation to a case filed under the Act, or any rules thereunder; (c). “Petition” means a petition or an application or an appeal or a complaint in pursuance of which any proceeding is commenced before the Tribunal; (d). “Pleadings” means and includes application including interlocutory application, petition, appeal, revision, reply, rejoinder, statement, counter claim, additional statement supplementing the original application and reply statement under these rules and as may be permitted by the Tribunal; (e). “Reference” means a reference within the meaning of rule 88 of these rules; SITTING HOURS OF NCLT The Court remains open on all working day from 9.30 A.M. to 6.00 P.M except on Saturdays, Sundays and other national holidays. However, it is just a myth and the bench may stand up before timings as stated above and may sit after 6 P.M. also. Filing Counter of the Registry remains open on all working days from 10.30 AM to 5.00 P.M. It is on the first floor of the building. INSTITUTION OF PROCEEDINGS, PETITION, APPEALS ETC- SOME IMPORTANT SUGGESTIONS The petition or appeal or application to be filed before the NCLT shall be in English and in case it is in any other language it shall be accompanied with a copy in English; It shall be on the legal pages, written fairly and should be in legible form; It shall be lithographed or printed in double spacing on one side of standard petition paper; The inner margin shall be about 4 cm, width on top and with a right margin of 2.5. cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form; An Appeal or petition or application shall be divided into paragraphs and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point; In case fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in; Every proceeding shall state immediately after the cause title the provision of law under which it is preferred; As per the latest filing done by us now 3 (Three) sets of appeal/petition under Section 252 are to be filed before the NCLT and not 2 (Two), please keep this in mind. Apart from that 1 (One) set is to be filed with the RoC that means 5 (Five) sets are to be made 3 for NCLT, 1 for RoC and 1 for your record. The same is also provided under Rule 23 of the NCLT Rules, 2016; All documents accompanied with the appeal or petition shall be certified. True copy stamped on all Annexures; At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorised representative; Once the petition or application is admitted before the NCLT, the court notifies to the parties the date and place of hearing, generally a very short date is provided by the court so keep your eyes on the daily cause list; The Registry shall send a certified copy of final order passed to the parties concerned free of cost, it is to be noted that the order also published over the portal of NCLT and the certified copies may be made available with cost as per Schedule of fees, in all other cases; Appeal or application shall be filed with a statutory fee of 1000/-. Generally it has been seen that as we the Company Secretaries are new to this field are filing the application/petition accompanied with a fees of 2500/-. NECESSARY DOCUMENTS TO BE ACCOMPANIED WITH THE APPEAL/PETITION UNDER SECTION 252 OF THE COMPANIES ACT, 2013: 1. Index of the appeal or petition; 2. Notice of admission; 3. Brief synopsis; 4. Important dates and Events; 5. Petition or application stating the grounds; 6. Every petition/application shall be verified by an affidavit in Form No. NCLT 6 and it shall be notarised on a stamp paper of 10 rupees; 7. The authorised representative e., Company Secretary, Chartered Accountant or Advocate shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in Form No. NCLT 12 representing the respective parties to the proceedings, it shall be notarised on a stamp paper of 20/- rupees; 8. Certified true copy of Extract of resolution in favour of the Authorised Signatory/Authorised Representative; 9. Power of Attorney is must as suggested by the registry for us, it should be notarised on a stamp paper of 50/- rupees; 10. Master data of the company procured form MCA portal; 11. Audited financials of the company filing the application/petition for defaulted period; 12. Certificate of Incorporation, Memorandum and Article of Association of the company; 13. Notices of RoC issued to concerned company; 14. Demand draft of statutory fees; 15. Any other documents like ITR, VAT, GST return, bank statement or other documents which can prove that company was operational. These are some of the suggestions which seems very little however, very important. Hope above article will be helpful for all professionals handling court matters or are in employment. Author Praveen Singh is associated with RASU & Associate and have rich experience in Indirect taxation, corporate, commercial and IPR, labour law and other matters. Author can be reached at  cspraveensingh111@gmail.com . RASU & Associate is a firm of Company Secretaries, Advocates and Chartered Accountants. The core areas of the firm’s practice are inter alia Indirect Taxation, Corporate, Commercial & Transactions, Regulatory & Compliance, and Intellectual Property Rights Laws etc. We provide both Advisory as well as Litigation Services in all the above areas. Our brief profile can be seen at the following Internet address www.rasu-cs.com . Disclaimer: This article includes the NCLT Rules and personal experience. Procedure may change any time, hence you are advice to consult before going NCLT. No advice shall be made to anyone solely on the basis of present article and in no case the author or our firm i.e., Rasu & Associates shall be liable. [1] We have restricted this article to only filing of application or petition for revival of company. DRAFTING COMPANY PETITION/WRITTEN STATEMENT/REPLY AND ANNEXURES  PRACTICAL ASPECT REGARDING DRAFTING AND FILING OF COMPANY PETITIONS/APPLICATIONS  1. While drafting the petition, the following points needs to be kept in the mind:-  a). Name of the Petitioner/Appellant and its full address;  b). Name of the Respondent and its full address;  c). Specify the Sections/Regulations/Rules of NCLT/ provision of CPC under which the Company Petition/Company Application has been filed;  2. The first para should always be, brief description of the Petitioner/Appellant Company - such as nature of the Company, business of the Company.  3. The second para should deal with the person signing the petition being authorized and attach either a Board Resolution or copy of Power of Attorney by virtue of which the person signing the petition has been authorized.  4. The third para should deal with brief description of the Respondent – such as the name of the Company, nature of the Company, in brief the business being dealt with by the Company.  5. It is always advisable to put the brief background in one go so that the Court after reading the background is able to understand the whole case of the Petitioner.  6. The Petitioner presenting its case in piecemeal manner and in different para, makes it difficult for the Court to understand, what the case of the Petitioner is.  7. In support of the pleadings, the Petitioner must attach the following documents:-  a). Certificate of Incorporation;  b). Board Resolution/Power of Attorney in favour of the person signing and filing the Company petition;  c). Copies of the  (i) Balance Sheets for the last three years (along with Money Receipt) depending upon the nature of the case and copies of  (ii) Annual Returns for the three years depending upon the nature of the case. The money receipt is required to be filed to demonstrate to the Court that the returns have been filed in time and there were no delay –  Many a times it is not clear to the Court as to whether the returns have been filed in time or returns/documents for the past period have been filed one go.  d). Any return/form/document, which is sought to be challenged in the Company Petition, is required to be annexed along with the Petition (with money receipt). e) Some information,(which may not be available with the Petitioner) may taken out from the various Government Department under the RTI Act. f). The certificate of the Chartered Accountant would be required to show where there is a dispute about the contribution, investment, loan or on any other issue having financial bearing - being brought in by any of the parties. g). A certificate from the PCS may be necessary in support of the fact that the Company has been maintaining statutory records and all entries have been made up-to-date or the extracts of the resolution is form part of the original minute book or to show that the meetings have been duly called, convened and held. h). In case the Opposite Party has taken a particular stand in the written statement in terms of equity share, loans, investment or other financial contribution, arrange to obtain copies of his bank account statement and also his income tax returns and find out as to whether all the investments/loan/contributions has been shown in the Income Tax returns or not? i). The Income tax returns/bank statements so procured need not be filed but to be shown only at the time of hearing. 8): Legal/factual plea to be taken in the Company Petition to be identified. Each plea be taken one by one and against each plea, narrate the factual position, the position of law and how the Petitioner comply with or if the allegations are against the Opposite Party, please specify in clear and unambiguous manner how the Opposite Party has violated the provisions of law. 9): At the time of drafting of company petition, the provisions of Order VI CPC to be kept in the mind. 10): Please specify by way of separate para as to when the cause of action has accrued to the Petitioner. If there are continuing cause of actions, specify the various dates as and when each time cause of action has arisen in favour of petition, to demonstrate that the Company Petition is within the time prescribed under the law of limitation. 11): Please also deal in a separate para that the Company Petition so filed by you is within time. 12): In case on the same subject matter (which is the subject matter of the present Company Petition) if there are any previous litigations, brief details of those previous litigations. 13): One para should be written to show as to how the Court has territorial jurisdiction to try and decide the case in which the petition is filed. 14): The Prayer clause should be very exhaustive so as to covery all prayers. All prayers should be set out to avoid objection being raised by the Opposite Party or by the Court itself that a particular relief, prayer has not been sought by the Petitioner. One para reading as – follows be added after the main prayer clause. Any other order or orders or relief or relieves as this Hon’ble Court deem fit and proper under the circumstances of the whole case be granted. 15): Every petition is required to be filed by the Petitioners. In case, the Power of attorney has been given by the Company to Petitioners/ to one Petitioner such one Petitioner shall have to sign the petition at such number of places as the number of power of attorneys are there. For example, there is a Petitioner No.1 and there are Petitioner No.2 to 5 and the Petitioner No.2 to 5 have executed the Power of Attorney separately in favour of the Petitioner No.1, the Petitioner No.1 will sign at place and thereafter the Petitioner No1 will also sign at four places to say for and on behalf of the petitioner No.2 to 5 respectively. Likewise, there shall be five affidavits in support of the Company Petition on a stamp paper of the value (as prescribed under particular state) and the affidavit to be notarized either by Notary Public or by Oath Commissioner. Please note that the execution of the affidavit and its notarization should match and the date of the affidavit shall never be prior to the date of the Company petition. 16): The affidavit should be as per performa prescribed under the present Rule of NCLT Rules. 17): While drafting the reply to the Company Petition, the following points to be kept in mind. a. raise the following legal issues by way of Preliminary Objections; b. If the petition is not maintainable – please specify as to how and in what manner the Company Petition is not maintainable; c. Whether the Company Petition is barred by limitation, please as to how the company petition is barred by law or Section 10 or 11 CPC d. Whether the Company petition is legally maintainable or not in the light of provisions of Section 9 CPC. Instead of Company Petition, the civil suit is maintainable; e. If there is a material concealment of facts and documents by the Petitioner, raise objections that the petition is liable to be dismissed on the ground of gross concealment amounting to fraud and the petition is liable to be dismissed summarily without being tried. f. While dealing with the merits of the Company petition, if each of the para is factually incorrect or if the Respondent has no knowledge, deny the same, let the onus be upon the Petitioner to prove the same. g. In case, after denying the submission, the Respondent must submit what is their case and what plea is required to be taken in support of their defence and also documentary evidence in support of their case. h. For preparing reply to the Company Petition, it is absolutely necessary that the detailed and exhaustive cross examination of the Party should be done to find out more and more information regarding what is past happening, present happening, previous litigations, the Petitioners’ past history, background need to be asked. i. As in the case of petition, while drafting the petition, it is also necessary that the Respondent should also devote 8- 10 paragraphs covering the brief background of the whole case of the Respondent for the easy understanding of the case. k. Please note that the Respondent should never ever admit the case of the Petitioner or any point raised in their CP/CA unless the documents on which the Respondent himself is relying upon - those documents admit the case of the Petitioner. m. On the Petition/Reply, the last page should be signed by all the Petitioners/Respondents. Company Petition/ written statement/reply should be supported by affidavit of such number of Petitioners/Respondents as they are in the Company Petition. All annexures to the Company Petition/Written Statement should be filed and is not necessary to file originals of the same and reserve the right to file original at the time of personal hearing. l. The petition, reply, Company Application – all are printed on legal size white/green paper and left hand margin space should be one and half inch and the right hand margin should be half inch – top margin should be one and half inch and bottom margin be again half inch. n. In the prayer clause of the Reply/Written statement, it is prayed that Company Application/Company Petition is liable to be dismissed. o. Fee payable at the time of filing the petition be in the form of Pay order in the name of Accounts Officer, NCLT. p. If the vakalatnama is given to the advocate, there should be Court Fee stamp (amount depending upon the state) and also advocate welfare stamp be also affixed). Advocate Welfare Stamp is not mandatory in all States. q. Please note that all petition/written statement/reply/rejoinder/ sur-rejoinder/Company Application are required to be signed and filed by a competent person and must be authorized either by way of Board Resolution or Power of Attorney, a copy of such Board Resolution or Power of Attorney must be attached. Order 29 Rule 1 & 2 mandates that a person who is signing the pleadings, must be authorized to sign, verify and file the pleadings.

  • APPLICATION FOR PAN

    Mr. _______________________________________________, Director of the Company informed the Board that the Company is required to make an application to the Income Tax authorities for the allotment of Permanent Account Number pursuant to the provisions of Income Tax Act, 1961. Discussion on the matter was held and the following resolution was passed thereafter. "RESOLVED THAT Mr. _________________________________________, Director of the Company be and is hereby authorized to make an application to the Income Tax Authorities for grant of Permanent Account Number (PAN) to the Company.  FURTHER RESOLVED THAT Mr. ______________________________________, Director be and is hereby authorized to do all such acts, deeds and things as may be necessary to give effect to this resolution."  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • NOTICE OF SALE OF PLEDGED ARTICLES

    NOTICE OF SALE OF PLEDGED ARTICLES  Date_____  To,  Sh. __________________________(pledgee).  (Address)  Whereas you borrowed Rs._____________ on Dated _________________ from me on pledge of the articles (Mentions details of articles) and whereas per account Rs.____________ are now due to me from you on account of the balance the said debt /interest.  I hereby demand the said amount from you and give you notice that in case you fail to make the payment by dated_____________, the pledged articles shall be sold by public auction for getting my dues.  Please take notice  Signature  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

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