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Marpol_Pvt_Ltd_CA_143_2010 - Company Law Board Mumbai Bench

Marpol_Pvt_Ltd_CA_143_2010 - Company Law Board Mumbai Bench

Marpol_Pvt_Ltd_CA_143_2010 - Company Law Board Mumbai Bench

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22at Sr.No.9 of its schedule. In the present case, the petitioner has notpaid the requisite fee of Rs.500/- to maintain a petition under Section111 of the Act and it is not an independent petition. To file a petitionunder section 111 of the Act the following documents are to beannexed as per Regulation 18 of the CLB Regulations as mentioned inAnnexure III thereto. As per the said regulations, in case the petition ismade by any other persons the following documents are to be annexed.1) documentary evidence in support of the statements made in thepetition including the copy of the letter written by the petitioner to thecompany for the purpose of registering the transfer of, or thetransmission of the right to any shares or interest in, or debentures asalso a copy of the letter of refusal of the company. 2) Copies of thedocuments returned by the company. 3) Any other relevant documents4) Affidavit verifying the petition 5) Bank draft evidencing payment ofapplication fee 6) Memorandum of appearance with a copy of theboard’s resolution or the executed vakalatnama, as the case may be 7)Two extra copies of the petition. In the present application, theapplicant filed a copy of the board resolution dated 13.9.<strong>2010</strong> andcopy of the Public testament and also vakalatnama and verified theapplication. Except these, no other documents filed along with theapplication. I am in complete agreement with the stand taken by thepetitioners in <strong>CA</strong> No.189 of <strong>2010</strong> with regard to the maintainability ofthe petition on the ground that the Companies Act contemplates the<strong>CA</strong> No.<strong>143</strong> of <strong>2010</strong> in CP 72 of 2008M/s. <strong>Marpol</strong> <strong>Pvt</strong>. <strong>Ltd</strong>.22

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