In the context of proceedings before the Benches of the Company Law Board, both petition and application are distinct terms. Petition has been defined under Regulation 2(q) of the Company Law Board Regulation, 1991 according to which petition means an application, appeal or complaint in pursuance of which any proceeding not being an interlocutory proceeding is commenced by the Bench. Whereas the term application as defined in Regulation 2©, means an application by which an interlocutory proceeding is commenced before a Bench. Though the term petition includes application, the application referred to in petition is different from the application defined by Regulation 2© is that application by which an interim order or direction of the Board is sought. Such application is made to claim a substantive relief i.e. refund of deposit. The term reference has been defined under regulation 2 ® as a reference within the meaning of regulation 35, 4o and 42 of the Company Law Board Regulations, 1991. The references under these regulations are required to be made by way of applications. The term application in this context must be taken as petition within the meaning of regulation 2(q) which includes an application and not as an application within the meaning of regulation 2 ©.
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