87. Publication of notice.-
(1) For the purposes of clause (a) of sub section(5) of section 245 of the Act, on the admission of an application filed under sub-section (1) of section 245 of the Act, a public notice shall be issued by the Tribunal as per Form No NCLT-13 to all the members of the class by-
(a) publishing the same within seven days of admission of the Application by the Tribunal at least once in a vernacular newspaper in the principal vernacular language of the State in which the registered office of the company is situated and at least once in English in an English newspaper that is in circulation in that State;
(b) requiring the company to place the public notice on the website of such company, if any, in addition to publication of such public notice in newspaper under sub-clause (a):
Provided that such notice shall also be placed on the websites of the Tribunal and the Ministry of Corporate Affairs, the concerned Registrar of Companies and in respect of a listed company on the website of the concerned stock exchange where the company has any of its securities listed, until the application is disposed of by the Tribunal.
(2) The date of issue of the newspaper in which such notice appears shall be considered as the date of serving the public notice to all the members of the class.
(3) The public notice shall, inter alia, contain the following-
(a) name of the lead applicant;
(b) brief particulars of the grounds of application;
(c) relief sought by such application;
(d) statement to the effect that application has been made by the requisite number of members/ depositors;
(e) statement to the effect that the application has been admitted by the Tribunal after considering the matters stated under sub-section (4) of section 245 and these rules and it is satisfied that the application may be admitted;
(f) date and time of the hearing of the said application;
(g) time within which any representation may be filed with the Tribunal on the application;
(h) the details of the admission of the application and the date by which the form of opt out has to be completed and sent as per Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure 'B', and such other particulars as the Tribunal thinks fit.
(4) The cost or expenses connected with the publication of the public notice under this rule shall be borne by the applicant and shall be defrayed by the company or any other person responsible for any oppressive act in case order is passed in favour of the applicant. |