Application for Relief from Certain Liabilities

Application for Relief from Certain Liabilities

In the Court of the Metropolitan Magistrate at Calcutta

In the matter of:The Companies Act 1956

And

In the matter of:

An application under section 633(1) of the said Act

And

In the matter of:

An application by:

1.   AB residing at …………………………

2.   CD residing at …………………………

3.   EF working for gain at ……………… Calcutta

Petitioners

The humble petition of AB, CD and EF the petitioners above-named

Most Respectfully Sheweth:

1. That the State through Registrar of Companies, West Bengal filed two complaints and two cases were started against your petitioners being Case Nos. ……………… and ……………… under sections 210(3) and 220(3) of the Companies Act 1956. In both the cases your petitioners pleaded guilty and the said pleas were accepted by the Learned Magistrate and your petitioners were fined Rs. 100 in each of the two cases and your petitioners were directed to file the relevant Returns with the Registrar of Companies, West Bengal by 20th February 2000, with additional fees. Your petitioners have paid the fines.

2. Your petitioners in spite of the best efforts were unable to file the Balance Sheets and Annual Returns for the year-ended 30th March 1998 due to labour trouble and the factory and Head Office remaining closed, and the books of Accounts and records were not available to prepare the Balance Sheets or the Annual Returns.

3. In spite of negotiations your petitioners failed to get the requisite documents and access to the books of accounts. Any application for the Search Warrants would have aggravated the situation.

4. The State through the Registrar of Companies again filed two Complaints under section 614A(2) of the Companies Act 1956 complaining that the Order dated ……………… has not been complied with.

5. Your petitioners could not comply with the order in the circumstances mentioned above in spite of their best efforts and as such default or non-compliance has been caused due to circumstances beyond the control of the petitioners and mainly due to the labour trouble.

6. Your petitioners have acted honestly and reasonably and have not committed any default within the meaning of the Companies Act 1956 and could not be made liable to any legal proceedings and pray that your petitioners be excused and relieved fully from any liability for such defaults in filing the Balance Sheets and Annual Returns with the Registrar of Companies and/or non-compliance with the said Orders.

In the circumstances your petitioners therefore most humbly pray Your Honour that:

(a) The petitioners be excused and/or relieved from any liability in respect of any defaults in filing the Balance Sheets and Profit and Loss Accounts and the Annual Returns with the Registrar of Companies and/or complying with the Order dated ……………… of this Learned Court;

(b) The complaints filed and/or the Prosecution Cases Nos. …………… be not proceeded with and your petitioners be discharged therefrom;

(c) Such further and other Orders be made and/or directions be given as to this Learned Court may seem fit and proper to afford complete relief to your petitioners.

And your petitioners as in duty bound shall ever pray.

Verification

I, AB, residing at  ……………………………… do hereby solemnly affirm and say as follows:

1.    I am the petitioner No. 1 above-named and I know the facts and circumstances of the case and I am able to depose thereto. I am authorised by petitioners Nos. 2 and 3. I do affirm and verify the aforesaid petition for self and on behalf of petitioners Nos. 2 and 3.

2.    The statements in paragraphs 1 to 6 of the foregoing petition are true to my knowledge based on information derived from records maintained by me and petitioners Nos. 2 and 3 and on inspection of the records of Registrar of Companies and I believe them to be true.

3.   The statements in paragraphs 1 and 2 are true to my knowledge.

Solemnly affirmed by the said AB

at the Court House in Calcutta on

this ………… day of ………… 2000

Before me

Commissioner

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.