Where a company has been got incorporated by furnishing any false or incorrected information or representation or by suppressing any material fact or information in any of the documents or declaration filed or made for incorporating such company or by any fraudulent action, the tribunal may, on application made to it on being satisfied that the situation so warrants-
- Pass such orders, as it may think fit, for regulation of the management of the company including changes if any in its MOA, in public interest or in the interest of the company and its member and creditor; or
- Direct that liability of the member shall be unlimited; or
- Direct removal of the name of the company from the register of Companies; or
- Pass an order for the winding up of the Company ;or
- pass such other order as it may deem fit;
Provided that before making any order under this sub-section-
- The company shall be given a reasonable opportunity of being heard in the matter; and
- The tribunal shall take into consideration the transaction entered into by the company, including the obligations, if any, contractual or payment of any liability.
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*Rule 66 of the NCTL Rules, 2016
An application under sub-section (7) of the section 77 of the Act shall be filed to the Tribunal in Form NCLT-1 and shall be accompanied by such documents as are mentioned in Annexure – B.
Every application filed under sub –rule (1) shall also set out the following particulars, namely:-
- Name of the company and other details including date of incorporation, name and address of the subscribers, promoters and first director; and
- Details of false or incorrect information or representation or material facts or information suppressed.
- Details of such documents in or declaration filed or made for incorporating such company;
- Involvement of promoters, subscribers and first directors in committing fraud during the course of incorporation;
(See rule 4)
*FORM NO. NCLT -1
[see rules 34, 64, 66, 67, 68, 69, 70, 71, 73, 74, 75, 77, 78, 79, 80, 81, 83, 86 and 87]
[HEADING AS IN FORM NCLT. 4]
Columns required for filing of Original Application / Reply / Rejoinder / Interlocutory Application or filing of additional documents under directions of the Bench.
- Details of Original Application / Reply / Rejoinder / Interlocutory Application
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)
- Jurisdiction of the Bench:
The petitioner declares that the subject-matter of the petition is within the jurisdiction of the Bench.
- Limitation: (If applicable)
The petitioner / applicant further declares that the petition is within the limitation laid down in section ………….. of the Companies Act, 2013 (where applicable)
- Facts of the case are given 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.)
- Reliefs) sought.
In view of the facts mentioned above, the petitioner/applicant / respondent prays for the following relief(s): (Specify below the relief(s) sought explaining the ground for reliefs) and the legal provisions (if any) relied upon)
- 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. ……………
Amount Rs. ……………
(Signature/Signature of Authorised signatory)
*LIST OF DOCUMENTS TO BE ATTACHED WITH A PETITION OR APPLICATION
|Sr.No||Section of the Act||Nature of Petition||Enclosures to the Petition|
|1.||Section 7 of sub-section 7||Application to tribunal where|
company has been incorporated
by furnishing false or incorrect
information or by any fraudulent
|1) Copy of the memorandum and|
articles of association;
2) Document in proof of false or
incorrect information or fraudulent
3) Affidavit verifying Application.
4) Bank Draft evidencing payment of
5) Memorandum of appearance with
copy of the Board Resolution or the
executed Vakalatnama, as the case
*Schedule of Fees
|Sr.No||Section of the|
Companies Act, 2013
|Nature of Application / Petition||Fees|
|1.||Section 7 sub-section 7||Application to tribunal where company|
has been incorporated by furnishing
false or incorrect information or by any