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FORM OF DEMAND NOTICE / INVOICE DEMANDING PAYMENT UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016
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You are the bonafide Creditor of the Company and the Company is not paying your dues. You wish to initiate Corporate Insolvency Resolution process against the Company. You need to serve a demand notice in the prescribed form. This is the standard form of Demand Notice/Invoice demanding payment under the insolvency and Bankruptcy Code, 2016.
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APPLICATION BY WAY OF COMPANY PETITION/APPEAL FOR RESTORATION OF THE NAME OF THE COMPANY WHICH WAS STRUCK OFF BY THE REGISTRAR OF COMPANIES
The Company defaulted in filing statutory documents with the Registrar of Companies. Therefore, the Registrar of Companies have struck off the name of the Company from the list of Register of Companies. Now remedy is to approach NCLT. This is the precedent of an Application by way of Company Petition/Appeal for restoration of the name of the Company which was struck off by the Registrar of Companies.
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MISCELLANEOUS APPLICATION BY A THIRD PARTY TO INTERVENE IN PROCEEDINGS PENDING BEFORE THE NATIONAL COMPANY LAW TRIBUNAL UNDER SECTION 9 OF INSOLVENCY AND BANKRUPTCY, CODE 2016 FOR SAFEGUARDING ITS INTEREST AND FOR BEING IMPLEADED AS PARTY TO THE PROCEEDINGS
The Application under Section 9 of Insolvency and Bankruptcy Code, 2016 is filed before NCLT. A third party desires to intervene in the said proceedings to safeguard its interest and desires to join in the said proceedings as party Respondent. This is the precedent of Miscellaneous Application to be filed before NCLT in the said proceedings to intervene and safeguard the rights of the Applicant/Intervener.
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NOTICE OF DEMAND FOR REPAYMENT OF LOAN TOGETHER WITH INTEREST THEREON
This is the precedent of Notice of Demand to claim the repayment of loan together with interest thereon.
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NOTICE FOR DISHONOUR OF CHEQUES TO PARTNERSHIP FIRM AND ITS PARTNERS UNDER SECTION 138 R/W 141 OF THE NEGOTIABLE INSTRUMENT ACT, 1881
This is a precedent of a Notice for Dishonour of Cheques to a Partnership Firm under Sections 138 read with 141 of the Negotiable Instrument Act, 1881.
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NOTICE OF DEMAND FOR REPAYMENT OF BALANCE LOAN AMOUNT (PART PAYMENT IS MADE) TOGETHER WITH INTEREST THEREON
This is the precedent of Notice of Demand to claim the repayment of the balance loan amount together with interest thereon.
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NOTICE TO BORROWERS AND THE GUARANTORS UNDER SECTION 13 (2) OF SARFAESIA, 2002 BY BANKS/FINANCIAL INSTITUTIONS
This is a precedent of notice by the Banks/Financial Institutions to the Borrower and the guarantors under Section 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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APPLICATION SEEKING CONDONATION OF DELAY IN FILING APPEAL UNDER SECTION 58 OF THE COMPANIES ACT, 2013 READ WITH THE NATIONAL COMPANY LAW TRIBUNAL RULES 2016
There is a delay in filing an Appeal before NCLT for transferring the shares in favour of the Appellant. This is the standard precedent of an Application seeking condonation of delay in filing Appeal under Section 58 of the Companies Act, 2013 read with the National Company Law Tribunal Rules 2016.
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NOTICE TO BANK FOR DEFAMATORY STATEMENTS AND CLAIMING THE DAMAGES
The Bank has wrongly caused to publish your name as defaulter in repayment of loan/financial facility. This is the precedent of notice to the Bank for making defamatory statements and claiming damages.
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NOTICE FOR DISHONOUR OF CHEQUES TO BE SENT TO LIMITED LIABILITY PARTNERSHIP (LLP) AND ITS DESIGNATED PARTNERS UNDER SECTION 138 R/W 141 OF THE NEGOTIABLE INSTRUMENT ACT, 1881
This is a precedent of a Notice for Dishonour of Cheques to Limited Liability Partnership under Sections 138 read with 141 of the Negotiable Instrument Act, 1881.
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APPEAL UNDER SECTION 58 (4) OF THE COMPANIES ACT, 2013 READ WITH RULE 70 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 AGAINST THE COMPANY’S REFUSAL TO TRANSFER THE SAID SHARES
The equity shares in a Public Limited Company is standing in the name of the deceased. The Petitioner is legally entitled to the same. However, the Company has refused to transfer the said shares in favour of the Petitioner without sufficient cause. This is a standard precedent of Appeal under Section 58(4) of the Companies Act, 2013 read with Rule 70 of the National Company Law Tribunal Rules, 2016 against the Company’s refusal to transfer the said shares.
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NOTICE OF INTENTION TO RETIRE FROM A PARTNERSHIP FIRM
These are the precedents of notice of intention to retire from a partnership firm in terms of the Partnership Deed and subsequent public notice to be published upon retirement.
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COMPANY PETITION FOR OPPRESSION AND MIS MANAGEMENT
The Petitioners are minority shareholders. The Respondents are managing the Company to their benefit and detrimental to the interest of the Company and the Shareholders. The conduct of the Respondents is oppressive. This is the precedent of Company Petition for oppression and mismanagement to be preferred before NCLT.
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