APPLICATION BY THE DEPOSITOR UNDER SECTION 58A(9) OF THE COMPANIES ACT

 

Before the Company Law Board Bench, Eastern Region

Address………………………………………………..

Company Petition No…………… of 20….

In the matter of the Companies Act section 58A read with the Regulation 37 of the Company Law Board Bench Rules 1991

And

In the matter of ............... residing at ........................

Petitioner

VERSUS

..................................................... Companies Act and having its registered office at ________

Respondent

The humble petition of the applicant above-named most respectfully

SHEWETH:

1 Name and address of the depositor-applicant

2 Name of the company and address of its registered office

3 Name of the depositor and his address

4 Amount of deposit

5 Fixed Deposit Receipt No. and date

6. Terms and conditions of deposit as also date of maturity of deposit

7 Details of payment made by the company, if any

8 Actual amount due as on the date of application

9. Details of correspondence if any made between the company and the depositor

........................residing at ……………

................................, having its registered office at ………..

.......................residing at …………..

...........................................

 

 

10. Any other particulars as may be considered relevant : The company is carrying on business acquiring assets and shares in other companies and making inter-corporate deposits, and is commercially insolvent and several applications for winding-up are pending.

The depositor-applicant therefore prays:

(i) that the company above-named be directed to make payment of the aforesaid deposit along with interest due thereon in accordance with the terms and conditions of deposit contained in Fixed Deposit Receipt;

(ii) further Orders be made as the Company Law Board may deem fit and proper in the circumstances of the case.

Place……………..
Signature of the depositor-applicant

Date………….

Verification

I,………………., son of ………….., aged ……….years, residing at , do hereby solemnly affirm and say as follows: I am the depositor above-named. I know the facts and circumstances of the case. The statements made in paragraphs………….hereinabove are true to my knowledge derived from records maintained by me and from the Board proceedings against the respondent company and I believe them to be true. I sign this Verification this day of 20……. at………….. Calcutta.

Signature Before me Notary