[See Rule 38]
IN THE HIGH COURT AT.............
Company Petition No. ……. of 20…….

……………….. Co. (Ltd.) - Petitioner
 
Petition under Section 17 for confirming alteration of
Memorandum
 
The petition of ……………. Co. (Ltd.), the petitioner herein, showeth as follows:-

1. The abovenamed company, the petitioner herein (hereinafter called the 'Company') was registered on the ….......……. day of ...……….. 20……., under the provisions of (the Companies Act, 1956) as a company limited by shares/limited by guarantee/as an unlimited company (omit what is not required).
 
2. The registered office of the company is situate at ……………….

3. The capital of the company is Rs. ………… divided into ………… shares of Rs. .......... each, of which ………….. shares have been issued and fully paid-up (or paid up to the extent of Rs. …………. per share). 

4. The objects for which the company was formed are set out in clause ......…….. of the memorandum of association annexed hereto.  They are:-
 
5. Shortly after its incorporation, the company commenced business and has since been and is still carrying on business.
 
6. By a special resolution of the company duly passed in accordance with Section 189 of the Companies Act, 1956, at a general meeting thereof held on the .......... day of ………… 20……, after due notice as provided in the Act, it was resolved unanimously (or by a majority of ………….. votes to ……………votes) as follows:- 

7. [Set out the reasons for alteration.]

8. [Set out whether the company has issued or agreed to issue any debentures, and whether the company has other debts, and if so, the nature and the extent of such debts.]
 
9. The company is/is not in good financial position and has/has not sufficient working capital.  The following summary extracted from its last balance-sheet for the period ending ………. 20……, indicates its financial position :

Capital paid up                  ...	Rs. …………..	
Reserve Fund                    ...	Rs. …………..	
Undivided profits              ...	Rs. ………….	
The assets of the company amounted to ...	Rs. ………….	
Less: liabilities:                  ...	Rs. ………….	
Excess of assets over liabilities        ...		
(or, as the case may be)                   ....	Rs. ………….	

10. No one will be prejudiced by the proposed alteration of the memorandum of association of the said company, and it is just and equitable that the alteration should be confirmed by the Court.
 
11. The petitioner therefore prays:-

(1) That the alteration of the memorandum of association of the company sought to be effected by the special resolution set out in paragraph 6 above and passed at a general meeting of the company held on the ……… day of ………… 20……. be confirmed ;
 
(2) Or, such other order may be made as in the premises to this Court may seem fit.
 
Dated ……………….                                                     
Petitioner

Advocate for the petitioner