Issue of notice and directions by the National Company Law Tribunal

(1)

The Tribunal shall, within fifteen days of submission of the application under rule 2, give notice, or direct that notice to be given to-

(i)

the Central Government, Registrar of Companies, in all cases, in Form No, RSC-2 ;

(ii)

the Securities and Exchange Board of India, in the case if listed companies in Form No. RSC-2 ;

(iii)

the creditors of the company, in all cases in Form No. RSC-3 ;

seeking their representations and objections, if any.

(2)

The notice under clause (iii) of sub-rule (1) shall be sent, within seven days of the direction given under that sub-rule or such other period as may be directed by the Tribunal, to each creditor whose name is entered in the list of creditors submitted by the company about the presentation of the application and of the said list, stating the amount of the proposed reduction of share capital and the amount or estimated value of the debt or the contingent debt or claim or both for which the creditor’s name is entered in the said list, and the time within which the creditor may send his representations and objections.

(3)

The tribunal shall along with directions under sub-rule (1) give directions for the notice to be published, in Form No. RSC-4 within seven days from the date on which the directions are given, in English language in a leading English newspaper and in a leading vernacular language newspaper, both having wide circulation in the State in which the registered office of the company is situated, or such newspapers as may be directed by the Tribunal and for uploading on the website of the company (if any) seeking objections from the creditors and intimating about the date of hearing.

(4)

The notice under sub-rule (3) shall state the amount of the proposed reduction of share capital, and the places, where the aforesaid list of creditors may be inspected, and the time as fixed by the Tribunal within which creditors of the Company may send their objections:

Proviso

Provided that the objections, if any, shall be filed in the Tribunal within three months from the date of publications of the notice with a copy served on the company.

(5)

The company or the person who was directed to issue notices and the publication in the newspaper under this rule shall, as soon as may be, but not later than seven days from the date of issue of such notices, file an affidavit in Form No. RSC-5 confirming the despatch and publication of the notice.

(6)

Where the Tribunal is satisfied that the debt or claim of every creditor has been discharged or determined or has been secured or his consent is obtained, it may dispense with the requirement of giving of notice to creditors or publication of notice under this rule or both.

Notes, amendments & references (5)

Form No, RSC-2 To view the return, Click Here

Form No. RSC-2 To view the return, Click Here

Form No. RSC-3 To view the return, Click Here

Form No. RSC-4 To view the return, Click Here

Form No. RSC-5 To view the return, Click Here