Rule 84 Right to apply under section 245
(1) An application under sub-section (1) of section 245, read with sub-section (3) of section 245 of the Act, shall be filed in Form No. NCLT. 9.
(2) A copy of every application under sub-rule (1) shall be served on the company, other respondents and all such persons as the Tribunal may direct.
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(3) In case of a company having a share capital, the requisite number of member or members to file an application under sub-section (1) of section 245 shall be -
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(i) (a) at least five per cent. of the total number of members of the company; or
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(b) one hundred members of the company,
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.whichever is less; or
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(ii) (a) member or members holding not less than five per cent. of the issued share capital of the company, in case of an unlisted company;
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(b) member or members holding not less than two per cent. of the issued share capital of the company, in case of a listed company.
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(4) The requisite number of depositor or depositors to file an application under sub-section (1) of section 245 shall be -
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(i) (a) at least five per cent. of the total number of depositors of the company; or
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(b) one hundred depositors of the company,
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.whichever is less; or;
1Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.(ii) depositor or depositors to whom the company owes five per cent. of total deposits of the company.
1. Sub-rules (3) and (4) ins. by G.S.R. 351(E), dated 8th May, 2019 (NCLT (Second Amendment) Rules, 2019), w.e.f. 8th May, 2019.