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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 filled in Form 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. 1[(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 – (i) (a) at least five per cent. of the total number of members of the company; or (b) one hundred members of the company, whichever is less; or (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; (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. (4) The requisite number of depositor or depositors to file an application under sub-section (1) of section 245 shall be – (i) (a) at least five per cent. of the total number of depositors of the company; or (b) one hundred depositors of the company, whichever is less; or; (ii) depositor or depositors to whom the company owes five per cent. of total deposits of the company.]
Amendment 1. Inserted by the National Company Law Tribunal (Second Amendment) Rules, 2019. |
