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BOMBAY~HIGH COURT RULES.

101

4. Notice to creditor (Rule 11) .

.

5, Advertisement of list of creditors (Rule 12).

• 6. Affidavit of list of persons who have sent in claims

(Rule 13). .,

7. NotlRe to creditors to come in and prove debt (Rule

14). .'

8. Advertisement of day fixed for hearing JRltition (Rule 18).

) . ,

FORlIfS IN WJNDING UP PROCEEDINGS.

J

9. Form of advertisement of petition to wind up (Rule

24). "

10. Affidavit venfyingpetitlon (Rule 26)!

111 Form of order fOT Ivinding up by the Court (Sees.

162 and 170 of the Act). •

12. Form of order for winding up, subject to supervision {Sees. 221 and 222 of the Act).

I

]3. Advertisement of order to wind up, (Rule 29).

14. Advertisement "of time and place fixed for tHe appointment of official liquidator (Rule 32).

15. Proposal vAor appointment of official liquidator (and sureties) when form No. 14 has been issujd.

16. Recognizance of official liquidator and sureties (Rule 33)

17. Affidavit of sureties (Rule 33).

18. Order appointing official liquidator (Rules 33 and

34). '

19. Order appointing a provisional official liquidator {'ROles 33, 34, 38, and 83).

,J

20. Sanctian of 'appointment of attorney or vakeel to official liquidator and :JMlOmtment (Sec. 181 of the Act).

21. Order tor payment of money or delivery of books, ete., to the official liquidator (See sections 185 and 187 of the .Act).

'22. Direction to open account. at the Imperial Bank of India (Rules 34, 59, 64, 69, and 70).

23. Advemsement of appointment OF official liquidator (Rule 37).

102

THE INDIAN COMPANr'kS ACT.

24. Advertisement for creditors (Rule 45).

25. Affid!tvit of official liquidator as to debts ana. claims

(Rule 47). ,

26. Exhibit referred to in affidavit (No. 25).

27. Notice to credit~rs of allowance of debt (Rule 48). 28.. Notice to creditors to come in and pro;e their debts

(Rule (>9}.

29. Affidavit of creditor In ~roof of debt (Rule 49).

30. Settlement by the Judge of debts and 1> claims

., (Rule 53). •

31. Notice to crthlltor to attend 0 to receive debt (Rule



53). tI

32. AffidaVIt III support {>f.,hst of contnbutosies (Rule

5~. ? 9

33. Iast of contributories &rpJerred to in form No. 32

(Rule 54). ....

d

34. Notice to contributories of appointment to settle list of contributories (Rule &5).

35. Affidavit of service of, nO~lCe (Rule 55).

36. The schedule referred to in form No. 35.

"

37. Affidavit in support of supplemental hst of eontri-

butories (Rule 54).

38. Sup~lemental list of contributories referred to in form No. 37.

39. Settlement by the Judge of lIst of contributories (Rule 50).

40. Order on application 'to vary list (Ru1e 56). .

41. Affidavit of official liquidator in support of proposal

for call (Rule 60). •

42. Summons for ~ntended call (Rule 60).

43. Advertisement of intendec\. cail (Rute 60).

44. General order for a call (Rule 63).

45. Notice to be served with the general order for a.

call (Rule 63). 0

46. Affidavit in su.pport of application for order for payment of call due from contributory (Rule 62).

47. Order for payment of call due from contnbutors(Rule 62).

BOMBAy..,HIGH COURT RULES.

103

48. Notice to be endorsed on or ser;ed \\ith every order directing payment of money into the Imperifll13ank of India or into Court (Rule 67).

1

4:9. Certificate of payment of money into the Imperial

Bank of India or into Court.) ~

50. Affidavit of service of order for payment of call

(Rule 62). .) .

51. Affidavit of non- payment of money by order directed to be paid into the Imuerml Bank of India or Into Court (Rule 68)

52.) Request to in vest cash in Government promissory

notes (Rul~ 71).' )

53. Request to sanctiqn investment of cash in Government proaiiesory notes to the District Court (Rule 71).

54. Notice (or advertisement) of meeting of creditors or contributories (Rule 73). )

I

55. Memorandum of appointment of a person to act as Chairman at meeting of creaitors or conhibutOJ'ies (Euie 74).



56. Appointment of proxy to vote at meeting of creditors or contnbutories (Rple 75).

57. Chanman's report of result M meeting of creditors or contributories (Rules 73, 74, and 75).

58. M'emorandum of sanction of Judge'lto acceptmg bills of exchange (Rule 76).

59. Memorandum of agreement of compromis, with a

contributory (Rule 77). ,.

60. Memorandum of sanction of Judge to agreement of compromise .

• • 61. Order or 'memorandum of the sanction of the Court for certain acts to be done 1)y the official liquidator

(Rule 78). ~ •

61A. Appearance I/tlok (Rule 86).

62. Form 9f order transferring winding-up ptoeeedings from High Court to a Distnct Court (Rule 90).

II

63. Form of order transferring winding-up proceedings from one District Court to another (Rule 90).

64. Summons for persons to attend at Chambers to be examined (Sec. 195 of the Act). '

104

THE INDIAN COMPANIES ACT •

.

65. Declaration of the company being completely wound up, and of the official liquidator having passed his final account ~Rule 91).

66. Order to dissolve the company (Rule 92).

67. ~otice by liquidator in voluntary winding-up of

his appointment (Rt¥e 94). ~

68. Liquidator's statement ot account (Rule 95).

69. Affidavit verifying statemeut of liquidator'S account

(Rule 95). • •



THE FJRST SCHEDULE



FORMS IN PROCEEDINGS FOR ~EDUCTION ~F CAPITAL. 11

• • •

No. 1.-Form of Order.

I> •

-

(RULE 6.)

[For general h&adi'¥I!J. see rule 1.J

o

Upon the 1J.pplication of the petitioners by summons,

dated and upon hearing the attorneys for the

petitioners, and on readmg the petition on the

day of preferred unto the Hsnourable the Chief Justice and Mle Judges of the said High Court. Iiris ordered that an enquiry be made what are the debts,' claims and Iialnlities of or affecting the said company on the datJ of ~ 19 ,and that notice of the

presentation of the said petition be inserted in ( )

on the day of and ( )

and that a list of the persons who are creditors of the company on the said day of. and the affidavit verifying the same be filed III the office of 'tM Prothonotary of the sam High Court on or ~efore the

day of (I

And it is further ordered that any creditor whose name does not appear in such list or who claims to -be a creditor for a larger amount than that for which he is entered in such list shall on or before the day of 0 send in his name and address and the particulars of his, debt or claim and 'the name and address of his attorney (if any) to the attorney of the company and it IS further orderedthat tbe notice of the day so fixed as last aforementioned

., .

BOMllAY BlGR COURT RULES.

105

shall be given in writing by registered post to every creditor whose name appears in such hst and snch notice shall be

inserted in on the day of

l and ill on' the day

of and it· is further ordered that tile attorney

of the company and some competent officer or officers of the

company do on or before the . day of

make and file an affidavit stating the result of such ,otices and verifymg the aames and addresses of the persons (if any) who shall have sent in paeticulars of their debts and claims in pursl\l1nce of such notoces respectively and the amounts of such debts or claims distinguishing which if any of such debts or claims are wholly or as to any and what part thel'eof admitted by the company and which {if any) of such debte and clai~ are wholly or as to any and what part thereof admitted oy the company.

No. 2.-(See lTule 7.}



(For general head/lmg, see rule 1.]



Notice is hereby given that a petition for confirming a resolution ~ucing the capital of the above company from

rupees to rupees was on the

day of presented to the Honourable

and is now pending; and that the list of creditojs of the

company is to be made out as for the day of

19

C. & D., attorney~ to the company.

No. 3.-Atfidamt ver2fying l2St oj credilors .



(Por general head'mg, see rule 1.]

I, A. E., of &c .. make oath and Bay as follows:-

- 1. The paper writing now produced and shown to me, and marked with the letter A, contains a list of the creditors

. ;

106

THE INDIAN COMPAt<IES ACT.

of and persons having claims upon the said company on the

day of ~ 19. (the date fixed by orde.l' in this

matter dated ) together WIth their respective

addresses, and the nature and amount of their respective" debts or cl!tims, and such list IS, to the best of my knowledge, information and belief,· a true and accurate list of such creditors and persons having claims on the da,? aforesaid.

2.~ To the best of my knowledge and behef there was not, at the date aforesaid, any debt or claim which, if such date were the commencement of 1!he winding-up of the said company, would be admissible in .proof against tjte said company other than and except the depts set forth ill the said list. I am enabled t8 make thIS statement from facts within my knowledge as the • of the said company, and from mformation derived upon investigation at the affairs and the boole, documents ~n(! flapers of the said II) company. Sworn, etc.

L7st cI creiuore referred to ~n the last form.

o A.

In the mat~r, etc.

ThIS list of creditors, marked A, was produced and shown to A. B , and is the s!\me list of creditors as IS referred to III

his affidavit sworn before me tills day of

19 I»

x. Y, etc

-------------.--~~-----

Names, usldl'esse" and descrtptton ot the creditor _,

Nature of debt or chum.

Amount of debt or claim.

BOMBAY nlGH COURT RULES

107

No. 4.-(See rule 11.)

t

To Mr.

[For general headunq, see rule 1.]

)

You are requested to take notice that a potation has been presented to the Court of 1

to confirm a special resolution of the above company for reducing its capital to rupees , and that III the hst of persons admitted by the company to have been on the

day of ~ creditors of the company, your name IS entered as a creditor (he~e state the amount of the debt or nature

qf the cla~m); J

If you claim to have been on the last-mentioned day a. creditor too a larger amount phf-n IS stated above you must on or before the day of :> send the particulqrs of your claim and ~he name and address of your attorney (if any) to the undersigned at ," . In default of your so doing the above entry III the hst of creditors WIll, m all proceedmgs under the above application to reduce the capital of the company, be treated as correct.

"

Dated the day of

:J

19

A. B., Attorney for the said fompany.

..

No.5. - (See rule 12.)

[Par general headmq, see rule 1.]

.

• -N"otlce IS hereby given that a petition has been presented to the High Court of JpdlCature at Bombay for confirming a resolution of thi! above company for reducing Its capital ...

from rupees to rupee& .

A hst of the .persons admitted to have been creditors of

the company on the day of 19

IIDy be inspected at the offices of the company at ,

or at the office of . , at any tame durmg

usual business hours on payment of the charge of Re. 1.

._ Any person who claims to have been on the last-mentioned day and still to be a creditor of the company, and who IS not

108

o

THE INDIAN COMPAl'fIES ACT.

entered on the said list and claims to be so entered, must on or before-the day of sefid in his name and address, and the particulars of his claim, and the. name and address of his attorneys (if any) to the undersigned at v or in defaxlt thereof he will be precluded from objecting to the proposed reduction of capital.,

Dated this day of • 19 •

f\

A. B., Attorney f~r the said company.

~

.'

No. 6.--(See rule 13.)

"

!F(Jl' general ~ea({t'I'IJJ' see rule 1.]

We, C. D., of, etc. (the oocretary or agent of the said company), E.. F., of, etc, (the attbrneyof the said co&!pany,) and A. B., of, etc, (the managing director of the said company) severally make oath and say as follows '-

I, the said C. D., for myself, say J.s follows: .,

.(Rule rr.) 1. r did, on the day of 19 ,in the

manner hereinafter mentaoned serve a true copy of the notice now produced and shown to me, and marked B, upon each of the respective persons whose'hames and addresses and descriptlons appear in the first column of ''the hst of creditors, marked A, referred to in the affidavit of

filed on the day of 19 .

2. r served the said copies of the said notice upon the persons ~espectively mentioned in the said list, by sending such copies on the day of by registered post to the said persons respectively to their respective addresses as appearing in the said list, 'being the last Jrn.Q_w.Jl addresses or places of-abode of such person respectively.

And I, the said E. F., for myself: say <ts follows:

~ .

(If notice 3. A true copy of the notice now produced and shown

issued Ull) der to me, and marked C has appeared in the. ,

Rule u . of the day of 19 ,the

of the day of 19 ,etc. .~

{Rule 13.) 4. I have, in the paper writing now produced and shown

to me, and marked D, set forth a list of all claims, the particulars of which have been sentin to me pursuant to the saM notice B now profluced and .~hown to me by persons claiming

BOMBAY area COURT RULES. ) 109

to be creditors of the said company for larger amounts than are .stated in the hst of creditors, marked A, referred to in

'the affidavit of filed on the day of

19 .

)

5. I have, in the paper writing now produced and shown (If notice

to me, mark~ E, set fort~\ a list of all claims, the particulars R~ed u)der of which have been sent in to me pursuant to the .,notice u e 12. referred to in the third paragraph of this affidavit by persons

claiming to be creditors (Jf the saId company on the

day of 1 19 ,not appearing on the said

list of credItors, marked A, and who claimed to be entered I thereon.

And w;, C. D. and A. ,E. for ourselves, say as follows:

6. We have, in the fir~t p,art of the said paper writing, {Rule 13.} marked D (now produced and shown to us) ana also in the

first P!lft of the said paper wziting, marked E (also produced

and shown to us), respectively, set forth such.of the said

debts and claims as are admitted by the saiJ company to be

due wholly or in part, and how much is admitted to be due

in respect of such of the same debts and claims, respectively

as are not wholly adiiiitted. J

7. We have, in the second part of each of the said paper (Rule 13·) wnnngs, marked D and E, set forth such of the said debts

and claims as are nholly disputed by the said company.

8. In -the said exhibits D and E are distiilguisaed such of the debts the full amounts whereof are proposed to be set apart and appropriated in such manner as the Judge shall direct. Sworn, etc.

Exhib2t D riferred to tn ike last-mentwned affidavit.

D.

In the matter, etc,

I

List of debts and claims of which the particulars have been sent in to by persons claiming to be creditors of the said company for larger amounts than are stated in list oj creditors made out by the company.

This paper writing, marked D, ~as produced and shown to C. D., E. F., and A. B., respectively, and is the same as is

~erred to in their affidavit sworn before me this day

of 19 .

J X. Y., etc.

11U'

THE INDIAN COMPANIES ACT.

First part.

Debts and cla~ms wholly 01' partly adm~tted by the cfYYnpany~'

"l

Names. Amount PI
Particu lars "adrmtted by
addresses and of debt 01' Amount tho company
deso-Iptron claim claimed to be owing
of creditors, to creditors.
'J "
---,
"
,
~ ,

- Debts proposed to be 8et apart, and appropriated m full although disputed.

Second part.

Debts and cltnm» wholly d~sputed by the company.

Names, addresses and d escri ption of claimants.

Particulars I Amount of claim, '( claimed.

-------- ------ ----- --- ----"-'---'-.

Debts proposed to be Bet apart and appropriated m fyll although disputed

---------

BOMBAY HIGH COURT RULES •

l III

• Exlt~b~t E referred to ~n the last atfidat·zt.

E.

In the matter, etc.

List of -lebts and claims of wlnch .tl:w particulars have been sent in to Mr.' by persons claiming to be creditors of the company and to be entered on tae list of the creditors made out by tpe company.

This paper wntmg, ~arked E, was produced and shown to C IJ~ E .F and A B, respectively, and is the same as is referred to m their affidavit sworn before) me

this day of 19

J

X. Y., etc .

. ) ,

,

First part.-(Sopw as ~n exhi'bit D.)

~

Second part.-{Same as zn exhibit D.}

Note.-The names are to be inserted alphabetically.

To Mr.

No. 7.-(See r!J,le 14.)

[For general heading, see rule 1.]

"

You are hereby required to come III and prove the debt claimed by you against the above company, oy filing your affidavit, and giving notice thereof to Mr.

the attorney of the company, on or before the

day of next; and you are to attend 4n person

by your attorney at the Chambers of the Honourable

at the High Court on the . day of 19

at o'clock in the noon, being

the time appointed 'for hearing and adjudicating upon the CI:iim, and produce any securities oJ document relatmg to

your claim. j •

In default of your csmplymg WIth the above directions you will (be precluded from objecting to the proposed reducnon of the capital of the company), or (in all proceedings !flative to the proposed reduction of the capital of the company, be treated as a creditor for such amount only as is set against your name in the list of creditors)

Dated this day of 19

A. B., Attorney for t'he sald company.

112

.THE INDIAN COMPANIES ACT.

No. 8.-(See rule 18.)

(For general llealbng, see rule 1.]

Notice is hereby gicen that a petition presented to the

Honourable on the 'J day of

, for confirming a resolution reducing the capital

of the> above company from Rs. to Rs.

is directed to be heard befor,e the Honourable on

the day of ') 19

C. and D. of

(Agents for E. a~d F. of Attorneys for the company. )

, 'I)

PORlIJS IN WINDING-UP PROCEEDINGS.

'J

No. 9.-Adver.t~sement 0) petuum,

(RULE 24.)

'J

[For general headw,g, see rule 1.]

Notice is hereby given that a petition for the WInding-up of the abovenamed company by the (or subject to the supervision of the) High Court of Judicature at Bombay (or District Court of ) was on the. day of • 19 presented to by the said ~ompany (o-r A. ·B. of , a creditor or contributory of the said compa~y. or as the case m,ay be). And that the said petition is directed to be heard before on the day of

19 ,and any creditor or conenbutory of the said company, desirous to oppose othe makmg of an order for the winding-up of the said company under the above Act, should appear at the time of hearing by himself or his counsel for that purpose ; and a copy of the petition WIll be furnishe] to any creditor or contributory of the said company requiring tho same, by the undersigned, on payment of the regulated charge for the same.

O. and D. of, etc., Attorneqs for the petuumers,

BOMBA1:l HIGH COURT RULES.

113

No. 10.-Affidamt verifying petition.

(RULE 26.)

[For general heading, see rule 1.] ,

,

I, A. ~. of, etc., make oath and say (or do solemnly affirm) that such of the statements in ltbe petition now produced and shown to me, and marked with the letter A, as relate to my own acts and deeds, are true, and such of the said statements as relate to tho acts a'nd deeds of any other persons or peI1ion I believe to be true.

,

Sworn, etc., '

0)' Solemnly affirmed, etc.

No. H.-Order [or» 'W1,n1~ng up by the Co'urt.

,

(Sees. 162 and 170 of the Act.)

~

[For general heading, see rule'l.]

Upon the petition of thc· abovenamed company or, A. B. of, etc .• a creditor (or contributory 01 the abovenamed company) on the day of 19 ,preferred unto the said Court, and upon hearing counsel for the petitioner. and for t , and upon reading the said petition, an affid~t (or solemn affirmation) of the said petitioner, filed, etc., verifying the said petition, and affidavit (or solemn affirmation of S. M.) filed the

day of 19 ,the Bombay Governm,ent Gazette

of the day of , the

of the day of . (enter any other paper)

each containing an advertisement of the said petition (enter any other evidence) this Court doth order that the said

.~mpany be wound up by this Court under the provisions of the Indian Companies Act, 1913.

.. .

No. 12.-0:der [or wind~ng up, subject to supervision. (Sees. 221 and 222 of the Act.)

[For general heading, 'see rule 1.]

Upon the petition, etc., this Court doth order that the

voluntary winding of the said company be continued

B, lOA

R

114

THE INDIAN COMPANIJ1S ACT.

but subject to the supervision of the COurt; and any of the proceedings under the said voluntary winding up may be adopted as this Court shall think fit. And the creditors, contributories, and liquidators of the said company, and all other persous interested, are to be at liberty to apply to a Judge of this Court in CJlambers as there may be occasion.

1

No. 13.-Advertuement oj order to w'md ttp.

,

J

(RULE 29.)

)

[For gentJral heading, see'rulel.]

By an order made by the )ugh Court of Judicature

at Bombay (rv District Court- of ) in the above

matter, dated the day of 19 ,'on

the petition of the abovenamed company (or A. B. of ) :

It was ordered that, etc., as tn order.

,

,C. and D. of, ete., Attorney fo~) the said petttioner.

No. l4.-Advertisement oj time and place J.iJxed, Jor the appmnt~nt oj official liquidator.

(RULE 32.)

[For general heading, see rule L]

Notice is hereby given that the Honourable Mr. Justice (or the Judge of the District Court of

has fixed the day of 19 ,>6':,

o'clock in the) noon, at his Chambers

in the Court House of the High Court'at Bombay (or at the District Court House at 9 ) at the time and place for the appointment of an official liquidator of the abovenamed company.

G. H.,

Prothonotary ,

(or as the case may be).

BOMB .. lY HIGH COURT RULES.

115

No. 15.-Proposal Jor appointment oj officwl l~quulator (and suret~es) where Form No. 14 has been iesued;

[For general head~ng, see rule 1)

We, the undersigned contributories of the abovenamed company \ for the number of shares -placed opposite our respective names, hereby propose Mr. R. P. H. of, etc., pubho accountant to be the official Iiquidator of the said company (and H. N. of, etc., I)nd J. ·P. of, etc., to be his sureties).

') Name.

Address.

.

No. 16.-Recogmzance oj the offiqal liqutdator and sureue«.

Number of shares held.

(RULE 33.)

[For general heading, see rule 1.]

The Honourable Mr. of the District Court

this recognizance ,

tary (or as the case may be).

R. P. H. of, eto., W. B. of, etc., and T. P. of, eto., in the High Court of Judicature at Bombay (or District Court of

) personally appearing, do acknowledge themselves, and every of them doth acknowledge himself to owe the respective sums of money set opposite to their respective names in the schedule hereto to be paid to. the Honourable Mr.

Justice , a Judge of the said High Court (or

to , Esquire, Judge of the saia District Court of

), his successors in office or assigns ; and in default of payment of the said respective sums, the said R. P. H., W. B. and T. P. are willing and do agree each for himself, his heirs, executors and administrators, by these presents,

Justice (or the Judge

) has approved o( and allowed G. H., Prothono-

116

'IRE INDIAN COMPANIES 'ACT.

that the said sums shall be levied, recovered and received of and from them and every of them, and of and from them and every of them and of and from all and singular the manors, messuages, lands, tenements and hereditaments, goods and chattels of th~m and every of them wheresoever the same

shall be found. Witness .., the day of

19 . Whereas in the matter of, etc. (take tule flom order to wind up), the High Court of Judicature at Bombay, (or

Distnct Court of ), has by an order dated the

day of 19 ;'appointed the said R. P. H.,

official liquidator of the said company, and has thereby directe~ him to give security to be approved of by the said Court, or (~n case the secuntY'jprecedes the order appo~nt~ng) has approved of the said R. P. H. as a proper person to> be appointed official liquidator of the said company (upon hIS giving security). And whereas the said Jugge has approved uf the said W. B. and'T. P. to he sureties forthe said R. P. H. in the amounts set opposite to theJ.r~espective names in the schedule hereto-and has also approved of the above written recognizance, with the under-written condition as a proper security to be entered into by the said R. P. H., W. B. and T. P., pursuant to the said order and (or pursuant to) the general order of thoa said Court in that behalf; and in testimony of such approbation the Honourable

one of the Judges of the) said Court (or. ~n a Distric: Court) •

, Esq. (the Judge of the said Cosrt), hath signed an allowance in the margin hereof. Now the condition of +he above-written recognizance is such that if the said R. P. H., his executors or administrators or any of them do and shall duly account,) for what the said R. P. 11 shall receive, or become liable to pay, as official liquidator of the said company at such periods and in such manner as the said Court shall appoint, and pay the same as the said Court, hath (by the said order) directed, or shall hereafter direct, then the above recognizance to be void, otherwise to remain in full force and .. virtue.

R.PH W.B. T. P.

o

v

The schedule above referred to.

,j

thousand rupees.

.. thousand rupees. • •. thousand rupees

Taken and acknowledged by the abovenamed R. P. H., etc., etc.

BOMBAY HIGH COURT RULES.

117

No. 17.-Affidamt oj sureue», (RULE 33.)

J

[For general headiltg, see rule I.]

~

We, W. B. of, efc., and T. P.· of, etc., severally make oath and say (or solemnly affirm) as follows:- ~

1. I, the said W.,B. for I myself, say that I am worth the sum of rupees of lawful money of British India, over) and above what is sufficient for the payment of all my

just debts and liabilities. .J

2. ~d I, the said T. P. for myself, say that I am worth

the sum of rupees • of, etc. (as above) .

.J

Sworn, etc.

(or solemnly affirmed.)

~ ~

.J •

No. IS.-Order appo~nt~ng an offic:ial l~quidator.

fJ

J (RULES 33 AND 34.) oJ

[For general headmq,» see rule 1.]

The " day of 19 .

-Upon the application, &0., and upon reading, &c., the Court doth hereby appoint R. P. H. of, &c., official liquidator of the abovenamed company. [Ij security has not been gwen and has not been dispensed with add, and it is .. ordered that

the said R. P. H. do, on or before the day of

next, give security to be approved of by the Court. And

it is ordered that the said R. P. H. on the day of

and' , day of 19 and

the same days in each succeeding year, file his accounts in the office of .. the Prcthonotary (or office) of the said Court (or in the case of a J)istrict Court in the District Court at

) and it is ordered that all moneys to be received by the said R. P. H.-be paid by him into the Imperial Bank of India {or the branch nearest to the Court in which the matter IS pending, or in the case of a District Court into the District Court at ) to the credit of the account of the official liquidator of the said company, within seven days after the receipt thereof. (In case two or more official liquidators are .appointed add). And the said Court doth declare that the following acts required or authorized by the above Act to

118

THE INDIAN COMPANIES ACT.

be done by the official liquidators may be done by either (or anyone, or two) of the official liquidators hereby appointed, that is to say (descrtbe the acts), and all other acts 1'30 required or authorized ~ be done by both (or all) the official liquidators hereby appointed. And it ~s ordered that an office copy of this order be lodged .at the Impetial Bank of 4'_[ndia or branch thereof as aforesaid .

..

., 3

No. 19.-0rder appo~nting a proviswnal officwl liquidator •



(RULES 33, 34, 38 and .83.)

~

[For qeneral heading, eee rule 1.,

The

day of

• • '"19 •

Upon the application, &c., anll aipon reading, &c, ~ile Court doth hereby appointR. P. H. of, &c., provisionally, official liquidator of-the abovenamed company. (I} secunty dispensed with add, without seeurity ; or if security tS to be gwen add direction as to secu1,<£ty account .§-nd payment mto the Bank as in Form <IN o. 18.) And the said Court doth hereby limit and restrict the powers of .the said R. P. 1I. as such provisional official liquidator to the following acts, that is to say (describe the acts which the proviswnal ~jficial ltqmdator

is to be authorised to do.) , -

No. 20.-Sanmion oj appointment oj attorney. to official liquidator and app~~ntment.

(See section 181 of the Act.)

.

..

The Court sanctions the official ldquidator appointing an attorney (or vakeel) to assist him in the performance of

his duties. ."

[For qeneral heading, see rule 1.]

.

L. H.

I hereby appoint Olrl.t.tf'T_ flrl.tM this

to be my attorney in this

davof 19 .

R. P. H., OtJj.oial L~qzeiaator.

"

BOMBAY HIGH COURT RULES.

119

No. 2f.-Order for payment oj money or delivery oj books, etc., to the oJIicial lzquidator.

(See sections 185 and ,187 of the Act/.) [For gene':lal heading, see rule 1.]

Upon the application of, etc., and on reading, etc., It is ordered that A. B. of? etc., d3, within four days after service here-jf, pay to (or deliver, convey, surrender or transfer to or into the hands o±) R. P. H., the official liquidator of the said company, at tlie office of the sJid R. P. H., situate at: ete., the sum of rupees , being the amount of debt appearing to be due from the said A. B. on his account with the said company (or all.Y" sum or balance, books, papers, estate or effects specifyin3 the property) now being in the hanlls of the said A. B! and to which the said company is przma Jacie entitled (or otherwise as the case? may be).

,

'.

;

No. 22.-Direction to open account at the t'l1lperial Bank of India.

~

(Rt-6LES 34, 59, 64, 69 and 70.)

[For general heading, see rule 1.]

To the Secretary and Treasurer of the Imperial Bank of India (or the Agent of the branch of the Impellal Bank of

India at \

SIR,

An order, dated the day of 19 ,

having been madein the above matter by the High Court of Judicature :tt Bombay (or District Court of ) for winding up the abovenamed company by the Court, under the provisioas of the Indian Companies Act, 1913, and R. P. H., of

having by order, dated the day of 19 , been appointed the official liquidator of the said company, you are requested to open an account, to be entitled "The account of the official liquidator of the company," in your books pursuant to the said Act. All cheques drawn upon such account must be signed by..the official liquidator,

".

120

THE INDIAN COMPANIES ..\CT.

and by , , who ha\il been

appointed by the Judge, whose signatures are attached hereto.

OJ I am, Gentleman,

Your most obedient Sewant, G. H.

Signature,

R. P. H, Official Liquidator.v G. W.

" In the case of winding up proceedings bemg earned on in a District Court, 'he liquidator of the compaJlY should present a similar application to the Judge as the above, mutatis mutandis, for leave to open such an account> in the

District Court. It • • •

-

No. 23.-Adve"~~sement of appointment oj official Iiquuiotor.

(RULE 37.)

.,

[For "general head~ng, see r,(lze 1.]

The Honourable Mr .. Justice (or

Judge of ) has, by an order, dated the

of 19 ,appointed R. P. H.oflt

be official liquidator of the abovenamed company.

Dated this day of 19

the District day

,., ",.,to

G. H.

No. 24.-Advertisement Jor creditors.

(RULE 45.)

[For general heading, see rule 1.]

. ..

The creditors of the abovenamedecompany are required on or before the day of 19 to send their names and addresses and the particulars M their debts or claims, and the names and addresses of their attorney (if any) to R. P. H. of the official liquidator of the said company, and if so ·required by notice * in writing from the official liquidator, or in person or by their attorneys to come in and prove their said debts or claims, I at such

a •

• For fo"m of notice, see Form No, 28.

BOMBAY HIGH COURT RULES.

121

time ago shall be specified in such notice, or in default thereof they' will be excluded from the benefit of any distribution made

) before such debts proved.

The day of ) 19 , at o'clock

in the noon, at the said , is appointed for hearing

and adjudicating upon the debts and' claims.

Dated this day of 19

G. H.

"

No. 25.-Affidavit oj .nfficial Isquidau» flS to debts and cltums.

(RULE 47.)

[For general het'ld~rt!J, see rule h]

.) R. P. H. of, etc., ~he official liquidator of the abovenamed company, make oath and say (or solemnly affirm)

as follows :- ,

1. I have, in the paper writing now produced and shown to me, and marked WIth the letter A, set forth a list of all the debts and claims: the particulars of whieh have been sent in to me by persons making claim upon or claiming to be creditors of the said company pursuant to the advertisement

issued in that behalf, dated the day of

19 ~ the names and addresses of the persons by whom such claims are made.

2. I have investigated the _said debts and claims and examined the same with the books and documents of the said company, in order to ascertain, so far as f am able, which of such debts and claims are justly due from the said company; and I have, in the first part of the said list, set forth such of the said debts and claims or parts thereof, j1~. in my opinion are Justly due from the said company, and proper to be allowed WIthout further evidence, and I have in the sixth column of the said first part of the said list, set forth the amount proper to be allowed in respect of such debts and claims; and I believe that such amounts, respectively, are justly due and proper to be allowed; and I have, iJl- the seventh column of the said first part of the said list, stated my reasons for such belief. •

3. I have, in the second part of the said list, set forth such of the said debts and claims as in my opinion ought to be proved by the respective creditors.

Sworn (or solemD)y'affirmed), etc.

122

THE INDIAN COMPANIES ACT.

No. 26.-Exhibit,rejerred to tn affidavit in Eorm NI:>. 25.

A.

'"

[For general .heading, see rule 1.]

This paper writing, marked A, )Vas producod'snd shown to R. P. R., and is the same as is referred to in his affidavit sworn (8'r solemn affirmation made) before me this

day of 19 " ..

W. B., etc.

List of debts and claims of whic'h the particular: have been sent in to the o~cial liquidator:

..

First pa;t. . '"

. .. .

Debts a~ claims whicft ought to be allowed w£tnout

further evzl1Ci1!ce. III

~
. Reasons
Addresses Parbicu- AmOUflt f~r beUII!
that
Serial Name, of aDd "'Ialsof Amount proper amounts
Number. eredrto ..... dascrrp- debt~ or pJaniled. to be
nons. claims. allowed. are pro-
per to be
allowed .
..
Rs. A. ;. Rs. A. l'..._l
-1>0>
.. Second part.

Debts and clavm« which ought to be proved by the creditors ." •

-
...
Aduresses •
Serial Names of Particulars of Amount
Number creditors. and de bts or cl.'l.lms. claimed.
descrrptlons,
- •
Ra. A.. P •
. BOMBAY HIGH COURT RULES.

123

No. 27.-Notice to creduot« oj allowance oj debt. (RULE 48.)

[For general heading,Jsee rule 1.]

(Place and date.) Sra,

The debt claimed by you in this matter has been -allowed by the Judge at the SUID) of R8:' (if part only allowed add) if you claim to have a larger sum allowed, you are henlby required to come in and prove the further amount

claimed, etc., as in the> next jorm. . )

I am, etc.,

J

To Mr. P. R.

. )

R. P. H., Offimal Liqut·dator.

~ ,

No. 28.-Notice to creditors to come ~n and pro?,/- their debts.

(RULE 49.)

[For general heading, see rule 1.]

'J

(Place and date.)

SIR,

You are hereby required to come in and prove the debt claimed by you against the above-named company, by filing your~vit, and givmg notice thereof to me on or before the day of next, and you are to attend in person or by your attorney (or vakeel) on the day

of 19 at o'clock j,n the

noon, being the time appointed for hearing and adjudicating upon the claim.

Dated this

day of

19 .

R. P. H.,

To Mr. P. R.

~

Offimal Liquulato«,

..

No. 29.-Affidavit oj crediun' ~n prooj oj debt.

~

(RULE 49.)

[For general heading, see rule 1.]

I, S. T. of, etc., make oath (or solemnly affirm) and say ... as follows :-

1. The above-named company was on the

day of 19 ,the date 'of the order for winding-up

.

124

THE INDIAN COMPANIES ACT.

the same, and still is, justly and truly indebted to me in the

Bum of rupees for, etc. (Describe shortly 'the natureo

oj the deb~ and exhibit any security jor it; and 2n case of a trade-debt exhlbit vouchers:!> and verify the reasonableness oj the

charges, as 2n promng a debt zn a sUll). ~

2. I have not, nor hath nor nave any person or persons by my J>rder or to my knowledge or belief for my use, received the sum of rupees or any part thereof, or any security or satisfaction for the same or a!ty part thereof. (If any secunty add) except the said (describe the security., herembefore mentioned or referred to. Sworn (or solemnly affirmed.

~ .

etc.).

No. 30.-Settlement by the; JJ,ldge oj debts and &.aims.

~ ..

(RUL~53.)

.

~ [For general heading, see rule 1.]

The debts "'and claims which have been allowed are set forth in the first schedule h~reto, and with the interest thereon and costs mentjoned in the schedule OO'e due to the persons therein named, ~nd amount altogether to Rs.

In the first part 1)f the said schedule are set forth such of the said debts and claims as carry interest, and the interest thereon has been computed after the rdte they respectively carry down to [the present date] date of the windiiig-ilfr.

In the second part of the said schedule are set forth such of the debts and claims as do not carry interest.

The flaims set forth in the second schedule hereto have been brought in by the persons therein named and have been

disallowed. .,

The first schedule above referred to.

First part.

Debts and claims whwh caVY interest .

.

No·1 c~:g:~~r~~ i Addresses and descripti:~S. l_p_a_r_~_~~_!_~~_S_()_f t=

J. L. Of (address) On bilh of ex- Bs, A ,.

change dated,

etc.

Principal Rs.

Interest at per cent per

annum from 19 to the date

I of this certificate "I R~.

C08J:s of proof "

--------------------------~----------~--

BOMBAY)HIGH COURT RULES.

125

Second part.

,

Debts and claims whwh do not carry interest.

Names L Addresse~ Particulars ~f debts. Interest Total
No of and on
creditors. eacrtptrons. principal . due.
'l .
-
Ra. A. P. Rs. A. P :Rs. A. P.
Goods sold)
)
50 0 0
J . 2 U 0
--------
40 W. R. Of (address).- )
Prmcipal, Total
2 0 0
Cost of proof > Add-Total 54 0 0
• --- -
• . •
.) ----
:) .)
Fusl part ---
Total first and second .
parts - "
. The second, schedule ab~ve referred to. j

! Names of

No. creditors.

-I

r

Add I eases and I Particulars of

description. claims.

Amount claimed,

R~. A. r.

Dated tills day of 19 .

(Signature of the Judge or D~strict Judge.)

,J

No. 31.-Notice to creduor to attend to recewe debt .

.

(RULE 53.)

[For general heading, see. 1ule 1.]

SIR,

Upon application at my office, 'No. Etreet, Bom-

bay, on or after the instant, between the hours of

J

126

THE INDIAN COMPAl~lES ACT.

ten and four o'clock, you may receive a cheque for the amount of your debt allo}Ved in this matter as under:-

Prmorpal . • . . Rs.

Int~est ..

Costs of proof



TOTAL

Rs.



If .you cannot attend personally, the cheque will be delivered to your order, up~n your filling up and signing the

subjoined form. ..

The bills or securities (1£ any) held by you must ebe produced at the time or. such application.

Dated this day of

e

19 .

R. P. H., Official 'iAquida.tor .

SIR,

Please ib deliver to W. R. the cheque for Rs. referred to in the above letter as payable to me.

To

Mr. R.~P. H.,

Official Ifquid~tor of the company .

S. T.,·.' Oreditoj: r-

.: ... -

No. 32.-Affidamt in support of list of contributories.

(RULE 54.)

[For general heading, see rule 1.]

I, R. P. H. of, etc., the official liquidator of the a'bov~named company, make oath (or solemnly affirm) and saY_AS' follows :-

1. The paper writing now produced altd shown to me, and marked with the letter A, cOlitains a list of the contributories of the said company, made out by D1ft from the books and papers of the said company, together with their respective addresses, and the number of shares (or extent of interest) ~~o be attributed to each; and such is, to the best of my knowledge, information and belief, a true and accurate list of contributories of the said company, so far as I have been able to make out and ascertain the same.

BOMBA! HIGH COURT RULES.

127

2. I have, in the first part of the said list, marked A, distinguished the persons who are contributories in their own right.

3. I have, in the second part of the said hs\ marked A, distinguished the persons who pre contributories as bemg representatrvee of, or being liable for the debts of, others.

Sworn (or solemnly-affirmed), etc;

J

No. 33.-List oj contr~'but01-ies rejerred to in Form No 32 .

. )

A.

l

[For general Itwilwg, see rule 1.]

Thi~ list of contributories, marked A, "was produced and shown to R. P. H., sn/] is the same list of contributories as i~ referred to in his affidavit. Sworn (or solemn affirma-

non made) before me this day :J)f 19

W. B., etc.

First J.Brt.

.. J

Contributories in their own right .

SN~d Name. Addr('~8. •
In what Number of shares
Description. character (or extent of
included. interest)
1-
Second part.

• aoontributorws as being representatives oj, or lwble jor the debts

'. oj, others.

)

Serial Description. \ In what Number ofsbarell
No. Name. Address. character (or extent of
included. interest).
--
- - --- - 128

THE INDIAN COMPANI~S ACT.

No. 34.-Notwe to contributones of appomtment to settle 'l~st of contribiaones.

(RULE 55.)

[For general 'headmg, see rule

The Honourable Mr. Justice " (or as the

case may-obe) has appointed the day of

19 ,at of the do",k in the noon at •

to settle th.e list of the contributones of th.e sbovensmed company, made out and filed in Court by the official liqodator

., of the said company, ~:nd you are included in such list ill the character, and for the number of shares (or extent ~f interest) stated below, and if no sufficient "cause is shown by you to the contrary at the time and place aforesaid the list, will be settled by the« said Judge, ii'il.cl'Udfug you therein.

Dated this day"oe 19 .

R. P. H., Official L2Qu2dator .

.,

To Mr. A.e;B. and to Mr. C. D. his attorney.

t

Name. I Address. " In what Number of shares
No.on Description. charactert> (or extent of
hst. included. interest).
-
I 1
-- No. 35.-AjJidamt oj service oj notice.

~ 0

(RULE 55.}1I)

[For general head'ling, see rule k]

I, W. S. of, etc., clerk to Messrs. C. and D. of, etc., th; attorneys of the official liquidator of the abovenamed company, make oath (or solemnly affirm) and say as follows :-

l~ 1. The first six: columns of the schedule now produced and shown to me, and marked with the letter A, contain

._

BOMBAY HIGH COURT RULES.

129

a true qopy of the list of contributories of the said company, made out and filed in Court by the said official liquidator on the day of 19 • and now on the file of proceedings of the said company, as I how from having, on the day of' 19 ,examined and compared the said schedule with, the said list; and I have in the seventh column of the said schedule, marked A, set forth the names and addresses of the attorneys who have entered 8ppe8T8nc~s for J any of the contributories named in the said list.

2:'} I did, on the '. day of 19 ,

in the manner hereihafter mentioned', serve a true copy of the notice now produced and shown to me and marked B, upon each of the said respective persons whose names, addresses aJd descriptions appear in the second, third and fourth columns of the said schedule, marked A, except that in the tabm'\r form at the foot 01 stich copies respectively I inserted the number on list, name, address, descripnon, in what character included, and number of shares (or extent of interest) of the person on whom such coPY of the said notice was served, in the same "!fords and figures as the same particulars are set forth in the said schedule, marked' A.

3. I served the said respective copies of the said notice by putting such copies respectively, auly addressed to such persons respectivelj- or their attorneys, according to their resJ:WJt~ names, and addresses appearing in the said schedule, and marked A, and with the proper postage stamps affixed thereto as prepaid letters, into the Post Office receiving house No. , in Street, Bombay (or as the case may be) between the hours of

and of the . o'clock in the of

the said day of 19. Sworn (or solemnly

affirmed), etc .

. ~

No. 36.-The Schedule referred to in Form No. 35.

A.

.

[For general heading, see rule 1.]

This schedule, marked A, was 'produced and shown to W. S., and is the same schedule as is referred to in his affidavit. Sworn (or solemnly affirmed) before me this day of

19

n, JCA •

,W. B., etc.

I

130

THE INDIAN COMPANIES ACT.

Names 'and ad-
d resses of a.ttor
neys who have
) entered ast::'r
1 Number 10068, aD e
No. Desorlp- In what of sbares served with a
Name. Address. character (or extent Cl>PY of the
OD list. • tion. includ'ld. of notice referred
interest). to in the a.ffi·
_, davit of W. S.
to whlcb this
) schedule 18 an
J exhibit.
- -- ---9---
I 2 3 '. 4 5 . 6 7
-- I
I
I
. I n

No. 37.-Supplemental list of contributories, and a~vi~ in support.

\(RULE 54.)

[For general headi1}g, see rule 1.]

I, R. P. H. of, etc., the official liquidator of the abovenamed company, make oath (or solemnly· affirm) and say af{ follows :- •

1. Since filing in Court the list of the contributories' in the matter on th!' a~y of' 19 " it has come to my knowledge that the several persons whose names are set forth in the supplemental list 01 contributories now produced and shown to me, and marked with the letter E, are or have been holders of shares (or members) of the said company, and to the best of my judgment, information and belief, such persons are contributories of the said company.

2. The said supplemental list, marked B, contains the names of such persons, stogether with their respective

BOMBAY HIGH COURT RULES.

131

addresses, and the number of shares (or extent of interest) to be attributed to each; and such list is, to the best of my knowledge, information and belief, true and accurate.

o

3. . I have, in the first part .pf the said list, marked B, distinguished such of the said persons as are contributories in their own right.

4. I have in the second part of the said list, marked B, distinguished such of the said persons as are contnbutories as being representatives 'of, or being liable for the debts of, othero Sworn (or solemnly affirmed), etc.

I

No. 38.-Supplemental hst oj contributQTtes reJerred to tn

> Eors« .Nq. 37. >

, ~B.

J

[For general heading, see rule.l.]

Tills supplemental list of contnbutories, marked B, was produced and shown to R. Yo H. and is the same supplemental list of contributories as is referred tb in his affidavit. Sworn (or solemn affirmation made) before me, this .

day of 19 . "

W. B., etc.

~ ~-~

NOTE.-Supplemental list 18 to be made out In the same form as the ongmal bst Form No. 33

No. 39.-Settlement by the Juke oj the hst oj contributo-ries. (RULE 06.)

[For genera~ heading, see 1ule 1.]

The result'-of the'setj;lement of the list of the contnbutories of the abovenamed company, made out and filed in Court by the official liquidator of the said company, on the

day of 19 ,pursuant to the above

Act and the General Order of this Court in that behalf, so far as the said list has been settled up to the date of this certificate, is as follows :-

1. The several persons, whose names are set forth in the second column of the WJ3t schedule bereto, have been



132

TIlE INDIAN COMPANIES ACT.

included in the said list of contributories as contrjbutones of the said company in respect of the number of shares (or extent of interest) set opposite the names of such contributories respectively in the said schedule.

)

I have, in the first part of the said schedule, qjstinguished such of the said several persons included In the first list as are contributories in their own right. I have, in the second part of the said schedule, distinguished such of the said several persons included in the said list as are contributories as being representative of, or being liable to the debts of, others.

~ ~

2. The several -persons whose names are set forth in

the second column of the said -schedule hereto have been excluded from the said list of contributories,

3. I have, in the seventh column of the said. first and second schedules, set forth; ~pposite the names of each of the said several persons respeatwely, the date when 'such person was -included in or excluded from the said list of contributories. I

The first schedule above reJerred to.

I )

First part.

Oontnbutc/ries in their own right .

.)
Serial In wba.t Number of p.-_je ",I.eI'
No. in Name. Addres~. Desordp- character shares (or lUcluded m
list. tion, inoluded extent 01 the list.
interest).
-- I I
I ,

Second part. •

Oontributories as being representatives oj, or liable to the debts oj) others. J

Seria.l DescriP-! In what Numb'er of Da.tewben
No. ill Na.me. Address shares {or included In
t10n. .charaoter extent of
list. • IInClUded. the list. ,
mterest),
I
I ~ BOMBAY HIGH COURT RULES.

133

The second schedule above referred to.

~ I 1
In wha.t Sumber of Date when
Serial No. Ad- Oescrip. cha.racter sharea (01' excluded
In list. N'a.me. dress. I tlon. proppsed to extent of from
be included. mterest) • the hRt.

I , .
\ I
I ..
1 I I
1 J
? I
, I
------ t

Dated this day of J 19.

, (Signature of the Judge or District Judge.)

No. 40.-0rder tin ap'!Jlication to vary lis_t.

,j

(RULE 56.)

[For general head'l.ng, see rule'1.]

Upon the application of W. ~. to review the hst of contributories of the said company, in respect .of the inclusion of the said W. N. therein, and that his name may be excluded therefrom, and upon hearing advocates, etc., and upon reading, etc.: It is ordered that the name of the said W. N. be excluded from the'said list of contributories (or the Court dot'li no.t think fit to make any order on the said application except that the said W. N. do pay to R. P. R., the official liquidator of the said company, his costs of this application, to be taxed by the Taxing Master in case the pzrties differ Of in the case of a District Court the sum of Rs.

for his costs of this application).

,RQ. 41.-Affidavit oj o.fJic1,al liquidator in support oj proposal

, jor call.

"

~R(1LE 60.)

tFor general head~ng, see rule 1.]

I, R. P. H. of etc., the official liquidator of the abovenamed company, make oath (or solemnly affirm) and say as follows :-

1. I have in the schedule now produced and ehown to me, and marked with. the let,ter A, set forth a statement

134

THE INDIAN COMPANIES ACT.

showing the amount due in respect of the debts allowed against the said company, and the estimated amount' of the costs, charges and expenses of and incidental to the windingup the affairs thereof, which several amounts form in the'

aggregate the sum of Rs. ' or thereabouts.

2. I have also in the said schedule set forth Ii statement of the assets in hand belonging to the saId company, amounting to the stan of Rs. and no more. There are no other assets belonging to the saiq company, except' the amounts due from certain of the said contributories of the said company, and to the best of my information and "belief

, it will be impossible to realize in respect of the said amounts

more than the sum of Rs, or thereabouts.

3. It appears by the certificate of the Honourable

Mr. Justice (or. OJ the case rlUJ,y bJ), dated

the day of 0 19 , that persons

have been settled on the list of cJnsributories of the said ",Ompany, in respect of the total number of shares.

4. For the purpose of satisfying the several debts and liabilities of the said company, and of paying the costs, charges and expenses of and incidental to the winding-up the affairs thereof, I believe-the sum of Rs. ) WIll be required, in addition to the amount to the assets of the said company mentioned in schedule It. and the said sum of Rs.

5. In order to provide the said sum of Rs. It is

necessary to make a call upon the several persons whe h~re been settled on the list of contnbutories as before mentioned, and having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that for the purpose of realizing the amount required, as before mentioned, it is necessary that a call of

Rs. per share should be made.

Sworn (or solemnly affirmed), etc .

.

No. 42.-Sumnwns jor ~ntended cdll.

(RULE 60.)

o

[For general headtng. see rule 1.]

Let all parties concerned attend at on

day the day of 19 at of the

clock in the noon, on the hearing of an application

on the part of the official ljquidat{)r of the abovenamed

BOMBAY HIGH COURT RULES.

135

company, that a call to the amount of Rs. per share may be made on all the contributories (or ij 1-tpon any particular clo;s speciJy the same) of the said company.

This suinmon was taken out by A. B. of " attorney

for the said official liquidator. '

To Mr. A. B. of, etc" a contributory of the said company proposed to be included in the said call.

"

No. 43.-Adilertisement oj mtended call.

(RULE 60.) ,J

[For general, heading, see rule 1.]

By 'direction of the ) , notice ifj hereby given

that the said Judge has appointed the

~ day of '19 , at o'clock in the

noon, at to make a call 011 all the

contributories of the said company, or as 'the case may be, and that the said call shall be for Rs. per snare. All persons interested are entitled to attend at such day, hour, and place to offer objections to sucn call.

Dated this day of ,., 19.

D

No. «.-General order Jor a call.

(RULE 63.)

[For general heading, see rule 1.]

Upon the application 01 the official liquidator of the abovenamed company, and upon reeding two orders, dated

the day 6f 19 ,and the day

• of 19 ,the certificate of the dated

the " day 'of 19 , an affidavit of the

said official liquidator £led 19 , and the

exhibit marked A therein referred to, and an affidavit of

filed 19 : It is ordered that a

call of Rs. per share be made on all the contri-

butories of the said company (or as the case may be). And it is ordered that each such contributory do, on or before

the day of 19 ,pay into the

Imperial Bank of India (or the branch of the

Imperial Bank of India Qr in thp, case of District Court into the

136

THE INDIAN COMPANIES ACT.

District Court at ), to the account of the official

liquidator of the " company, the amount" which

will be due from him or her in respect of such call.

~

..

No. 45.-Notice to be served with the general order.jor a call. (RULES 61 AND 63.)

., .

[For general head'mg, ~ rule 1.]

) The amount due from you, A. B.,·in respect of th~ call

made by the above (or '\vithin) order, is the sum of Rs.

which sum is to be paid by you into the Imperial Bank of India (or the Branch of the Impenal Bank of India or in the case of a District Court into the District • Court at 1, to the 'account mentioned in the said' order. You can pay the same in person, or through a banker oe other agent, but this no'tice and copy of erder must be produced at the Bank or to the Court upon such • payment, and the cashier of the Bank or the Nazir of the said Court will, upon receiving the same, deliver to you a certificate oil the payment in number

signed by the sahl cashier or Judge. bJ. order to prevent proceedings being taken against you for non-payment, you must immediately upon such payment in, cause written notice of the payment, and of the date thereof, to be given to me, as the official liquidator of the said company, at r:!}y

office, No. Street, inside the Fort, Bombay. Dated

this day of 19 •

To Mr. A. B.

R. P.R., Offic~al Liquidator.

..

No. 46.-Ajfidavtt 'j,n support oj applwatiOt) for order for payment oj call due jrom contnbutory.

(RULE 62.)

[For general heading, see rule l.].

I, R. P. H. of etc., the official liquidator of the abovenamed company, make oath (or solemnly affirm) and Bay as

follows:- •

1. None of the contributories of the said company whose names are set forth in the schedule hereunto annexed marked A, have paid, or caused to be paid, the respective

~

BOMBAY HIGII OOURT RULES.

137

.sums set opposite their respective names in the said schedule, which ~ums are the respective amounts now due from them respectively in respect of the calls of Rs. per share, in pursuance of the order of the Judge in that benalf. Dated

the day of 19'

2. The respective Jamounts or .sums set opposite the names of such contributories respectively in such schedule are the true amounts due and owing by such consributories respectively in respect 01 tle fjilid can. SWDrn ~w st)lemlliy affirmed), etc .

. ,

The S9hedule above reje'.ted to.

. I
N.m~·1 I Deaerip- III what Amount.
on :st. Na.me. Address. t.ion. character due.
I ) included.
, •
, " I
\ I
\
I I '. I N oTE.-In addition to the above affid.a.Vlt1 an affidaVIt of the service of the order and notrce (Nos. 44 and 45) Will be required,

No. 47.-0rder [or payment oj call due from a cont;~bUt01·Y. (RULE 62.)

(For general head~ng, see rule 1.1

Upon the application of the official liquidator of the

• ~bovenamed company, and upon reading the order, dated

the day of· 19 ,an affidavit of

tiled the II 'day of 19 ,and an affidavit

of the said officialliquidJtor, tiled the day of

19 , it is ordered that C. D. of etc. (or E. F. of etc., the legal 'personal representative of L. M., late of etc., deceased), one of the contributories df the said company (or if against several contribuiO'raes the several persons named in the second column of the schedule to this order being respectively contributories of the said company) do, on Or before the day of or within four days after service of this order.spay into thr Imperial Bank of

138

THE INDIAN COMPANIES ACT.

India (or the branch of the Imperial Bank of India, or in the case of a District Court into the District Court at • ), to the account of the official liquidator of the

Company (or to A. B., the official liquidator of the said com-

pany at his office, No. • street, in the

) the sum of Rs. (I] ageinst legal

personal representative, had out of the·assets of the said L. M., deceased.gin his hands as such legal personal representative as aforesaid, to be administered in a due course of administration if the said E. F. has in his lfttnds so much to be administered; or ij against several contn'butories the s~veral sums of money set opposite to their respective names in the sixth column of the schedule hereto) such sum (or sums) being the amount (or amounts) due from the said C. D. [or L. M.) or the said several persons respectively in respect of the call

of Rs. e per share. Ill'.1~ by the said ordet dated

the day of 1» • . ~

The '"sch$dule referred to in the foregoing order.

Number ~ 0) Descrip- In what
Name. Address. Pcbaracter Amount
on hst, tion. included. due.

I
I
1 I I
I I
I • I No. 48.-Notice to be endorsed on or sened with every order dIrecting payment 0] money mto the Imperial Bank 0/ .... India or into Court.

(RULE 67.) 0)

You can make the payment directed 18y the within (or above) order to the Imperial Bank of India (or the branch of the Imperial Bank of India, or m the case

of a District Court into the District Court at ),

in person, etc. (as v,n Form No. 45.)

R. P. H.,

Ot/icwl Liqu~dator.

BOMBAY HIGH COURT RULES.

139'

No. 49.-Oertificate oj payment oj money mto the Impena;

• Bank oj India or into Court.

(RULE 67.)

No. day of 'J 11) .

I hereby certify that C. D. of etc., has this day paid into the Imperial Bank of India or into Court the sum of Rs.

to be placed to the credit of the official liquidazo- of the company, pursuant to an order dated the

day of 19.

~or the Imperial-Bank of India, Rs .

.I H. M., Cashse«.

Nazir, District Court. (As the sase may be.)

No. 50.-Ajfidav1,t oj service oj order [or palfmeht oj call. [Rnf.B ff},,'

[For general headi'ng, see rule 1.]

I, J. B. of etC:, make oath (or solemnly affirm) and say as follows ;-

1. I did, on the day' of 1~ per-

sonally serve G. P., of in the of '

et.!;}., with an order made in this matter by , dated

the day of 19 ,which is hereto annexed and marked A by delivering to and leaving with the said G. F. at , in the , a true .poPy of the said order together with a translation thereof in the language, and at the same time producing and shOWing unto him, the said G. F., the said original order duly eatered.

Sworn (or solemnly affirmed), etc.

No. 51.-Aifiiamt 0) non-payment oj money by order dsrectei to be paid into the I mp~rial Bank oj I ndao or into Court. (RULE 68.)

[For general heading, see rule 1.]

I, R. P. H. of etc., the official liquidator of the abovenamed company, make oath and say as follows:-

1. G. S., the person named in an order made, 'in the

matter by the Honourable Mr'JJustice (or as the

140

'rHE INDIAN COMPANIES ACT.

case may be), dated the day of 19, has no~ paid into the Imperial Bank of India (or in the case of a District

Court into the District Court at ) to the account of

the official liquidator of the company, the whole

or any part of the sum of its. as by the said order

directed. • Or (U1 cause oj several p1J.rhes) ;-

1. None of the several persons whose names and addresses art? set forth in the schedule hereunder written, and who have, respectively, 'been daly served with orders made in this matter by the Honourable Mr. Justice

,,( or as the case may bfi1 of the respectiee dates set oppbsite to their respective names in the said schedule, have paid into the Imperial Bank of India (or in the case of a District

Court into a District Court at 0 ) to the account of the

official liquidator of the 0 eompany, the whole-or any

part of the several sums of rdoney set opposite to their respective names in the schedule here'llnder written, as by the said order, respectively, directed.

2. I am en~bled to depose to such non-payment, by reason of my having this day, ascertained, by inquiry at the said Bank (or at the said Court) that such payment (or payments) has (or ha'<re) not been made, and seen the certificate of payment in, numbered (or several certificates of payment in, the numbers 'whereof, respectively, are set forth in the sixth column of the said schedule, opposite the names of the said respective persons, being certificates) furnish8fl. by me to the cashier of the said Bank (or Nazir of the said District Court at ) for delivery to the said G. F. (or several persons, respectively) upon such payment (0'1' payments) being made still in the hands of the cashier of the said Bank {or Nazir of the said District Cvurt). No notice (or notices) of such payment (or payments) having been made has (or have) been given to me by the said G. F. {or several persons respe~tively). Sworn (or solemnly affirmed), etc.

,

The Schedule above reierred. to. 'J

:I.)

. l.Amount.
Date 'of Number
Name. .Address Description. balance of
order. certifica.te.
--- . I --
I
i
- BOMBAY HIGH COURT RULES.

141

No. 5~.-Req1lest to invest casli in Government promissory notes. (RULE 71.)

[For general headi,)'g, see rule 1.]

To the Secretary 1 and Treasurer of the Imperial Bank of India.

Sir, )

It appearing that the sum of Rs. cash is

stanJing to the credit. of the account of the official liquidator of the abovenamed .company, you are hereby requested to invest the sum of Rs.· , part thereof, in the purchase of D per cent. Government Promissory Loan Notes in the 1!fl,me of R. P. H. of etc., the official liquidator of the said company, and to deposit :mch Government notes in the Imperial Bank of India (O.I the branch thereof, or in the case of a District Court into the District C'.ourt at ) in the name and on behalf of the official liquidator. The said notes are not to be sold, transferred, or otherwise dealt with, except upon a direction» for that purpose signed by the official liquidator of the said company, .and countersigned by a Judge of the High Court of Judicature of Bombay (or by the Judge of the District Court of , or under an order to be made) by the said Judge).

_ Dated this day of 19 .

I am, Sir,

Your most obedient Servant,

R. P. H., Official Liquidator.

G. H.

( Countersigned.)

'·No. 53.-Request to the Court to sanction the investment oj ca~k in Go~'emment promissory notes .



(RULE 72)



[For general heading, see rule 1.]

or To the Judge of the District Court at

Sir,

It appearing that the sum of R!!. cash is standing

in the said Court to t:Q.e crediJ:; of the account of myself the-

142

THE INDIAN COMPANIES ACT.

official liquidator of the abovenamed company, Y<lU are hereby requested to aurhorise me to invest the sum of Rs. part thereof in the purchase of per cent. Government Promissory Loan Notes in my name as such official liquidator and to deposit such Goverhment notes in the said Court in my name and on my behalf as such official liquidator. The said notes are not" to be sold, transferred, or otherwise dealt witb-except upon a direction for that purpose signed by the official liquidator of 1I-he said, company and countersigned by the Judge of your said C'ourt.

Dated the qay of HI' .

I am, s~ Yourmost obedient Servant,

• u

III

R. P. H.,

Official L~quidato~

No. 54:.-Notwe _{or advertisement) oj meeting oj creduor« or contriq,utories .•

(RULE 73.)

[For gener~l heading, see rule 1.]

"

Notice is hereby given that the High Court of Judicature at Bombay (or the District Court of ) has aJreCted a meeting of the creditors (or contributories) of the abovenamed company to be summoned pursuant to the above Act, for the purpose of ascertaining their wishes as to (state the. object [or whwh m.eet~ng called, unless notice is by advertisement, in whwh case say, certam matters relating to the winding up of the said company), and that such meeting will be held.

on. day the day of 19 ,at

o'clock in the noon at " in th6

at which time and place all the creditors (or contributories) of the said company are requested to attend. (The said Court has appointed H. T. of etc., to act as Chairman of such

meeting.) Dated this day of 19 .

R. P. R ..

Official Liquidator.

NOTE.-If summoned otherwise than by direcnon of the Conrt, omit the words underlined.

BOMBAY HIGH COURT RULES.

143

No. 55.-Memorandum of appointment of a person to ad as chairman at meeting oj cred~tor8 or contnbutories.

(RULE 74,.)

[FOT genercl lteading, see rule 1.]

Mr. H. T. of etc., one of the creditors (or contfibutories) of the abovenamed com:;_»any is"appointed to act as chairman of a meeting of the creditors (or contributories) of the said comp7tny, summoned By direction of tbp High Court of Judi- J

cature at Bombay (0'1: the District Court of ) pursuant

to the above Act, to be held on the day of

19 , at o'clock in the noon, at and

to report the result of such .m~eting to the silid Court.

~ The said meeting i~ ssummoned for the purpose of ascertaining the wishes of the creditors (or contributories) of the said company as to (state the object}Dr which meet~ng called), and at such meeting the votes of the creditors (or contributories) may be given eitp,er personally or by proxy.

J

Dated this day of 19 J

No. 56.-Appointment oj proxy to vote at meet~ng of creduors

- or contributories.

(RULE 75.)

[For general he(Lding, see rule 1.]

I.' W. S. of . ' in the being a creditor (or

J4lOntnbutory) of the abovenamed company, hereby appoint

of , as my proxy to vote for me, and on my

behalf at th~ meeting of the creditors (or contributories) of the said company, lfummoned by the official liquidator (at the direction of the High Court of Judicature at Bombay)

to be held on' the day of , and at any

adjournment thereof . As witness my

hand this day of .19'

Signed by the said W. S. in the 1

presence of ~

J. M. of etc. • J

w. S.

144

THE INDIAN COMPANIES ACT.

No. 57.-Chairman's report of result oj meeting oj creditors 07

contnbutories. •

(RULES 73, 74 AND 75.)

)

[For gene;ral ltead~ng, §ee rule I.]

I, H.> T., the person appointed by the High Court of Judicature at Bombay (or District "Court of ) to act as chairman of a meeting of the creditors (or contributories) of the abovenamed company? summoned by adver-

, tisement (or notice), dated the ,day of

19 ,and held on the day of » 19 ,at

, do hereby report to the said Court the

result of such meeting as follows :- ,~

The said meeting was atte~d~d, either personally or by proxy, by creditors, to whom debts against the said company haV'e been allowed, amounting in the whole to the

value of Rs. • (or by contributories holding

in the whole shares in the said cOlJ;l.pany, and

entitled respectively, by the" regulations ,of the company, to the number of v8tes hereinafter rnentionsd.)

The question submitted to the said meeting' was whether the creditors (or contributories) of the said company approved of the proposal of the official liquidator 01' the said' company that ete., (as the case may be), and wished that .such proposal should be adopted and carried into effect.

The said meetmg was unanimously of opinion that the said proposal should (or should not) be adopted and carried into- effect, or the result of the voting upon such question was as follows :-

The undermentioned creditors (or contributoriss) voted in" fllvour of the said proposal being adopted and carried. into etlect-

:Name of creditor (or contributory).

Number of votes cODferred on each cont'ributory by the regulations of the company.

Address.

Value of debt (or number of sharea),

BOMBAY HIGH COURT RULES.

'145

The underroentioned creditors (or contributories) voted against the said proposal being adopted and carried into ':Jffect-

J
Number of votes
Name of , Value of debt (or conferred on each
creditor (or .Address. 'number of 'contrlbutory by the
CDD trl bu tory'. shares}. regulatioDs of the
company",
~


r
.
-
. Dated this

day of . ' 19.

(Signed) H. T.~ Ohairman.

No. 58.-Memorandum 6j sanction oj Judge to axepting bill of exchange, &:c.

i (RULE 76.)

[For general heading, see rule 1.J

The Judge has sanctioned the acceptance of this bill of' exchange by the official liquidator on behalf of the said company.

(Signature.)

N6:- 59.-Memorandum oj agreement oj compromise with a oontributory .



oj

(RULE 77.)

[For general heading, see rule 1.]

Memorandum of agreement entered into this day

of 19 ,between R. P. H. of efc., the officialliquidator of the abovenamed company, of the One part, and S. B. of etc., one of the contributories of the said company, of the other part.

B, lCA

146 >

THE INDIAN COMPANIES ACT.

Whereas the said S. B. has been settled on the list of contributories of'the said company as a contributory in respect

of > shares in the said company; and whereas by an)

order made by jI dated the day of '

19 ,a call of Rs. per share was made on all the con-

tributories of the said company, .and there is now due from the said S. B. to the said company the sum of Rs. in respect 'of the said call; and whereas the said S. B. has proposed to pay to the said officisl liquidetor the sum. of Rs.

by way of compromise, and in satisfaction and discharge of the said sum o~s. , and M all liability whatsoever, as a contributory of the said compaay ; and whereas the said official liquidator, having investigated the afta;,rs of the said S. B., and believing that such nompromise will be beneficial to the said company, hath, in ,exercise of the po-zer for that purpose given to him by ilie' above Act, agreed to accept the same, subject to the sanctiotr'of the Court, and to the'conditions and =agreements hereinafter contained :-

Now it i~ hereby agreed by and between the said parties hereto:

,(j

1. That . .;the said official liquidator shall, before the

day of next, apply to a Judge of the

said Court, at Chambers, to sanction this agreement of compromise.

q

2. That upon this - agreement being sanctioned by' the said Judge the said S. B. shall, within day next after such sanction, pay to the said official liquidator th~ said sum of Rs. , and when thereto required, shall do and execute all such acts and deeds as may be necessary for transferring or surrendering and releasing to the said official liquidator on behalf of the said company, or in such manner as the said Judge may direct, the said shares held by the said S. B. in the said company, and all claim and demand whatsoever which the said S. B. has or may ha:ve against the said company in respect Of the p;:tid shares, or the distribution of the assets of tLe said company, otherwise

howsoever. . •

3. That the said sum of Rs: , and the transfer 0 r

eurrender and release of the said shares and interest of the asid S. B. as afo resaid shall be accepted by the said official liquidator as, and be deemed and taken to give to the said S. B. a full and complete discharge from all calls and liabilities. -elaims and demands whatsoever, which the company or the

-offlcia! liquidator thereof "how has or may hereafter have

BOMBAY HIGH COURT RULES.

or be entitled to against the said S. B. in respect of his being or haying been the holder of the said shares, or otherwise,

1)3S a contributory of the said company. >

4. That in case this agreement.shsll not be sanctioned by the said Judge it shall cease and determine and the said official liquidator and the .said S. B. shall be remitted to their original rights with respect to each other, as if this

agreement had not been entered into. ...

tJ

5. That in case thib' agreement shall be sanctioned oy the ~d Judge, and tl;te said S. B. shall not in all respects perform the same on his part, the ofliciaPiiquidator shall be .at liberty, with the sanction of the said Judge, and without notice to the said S. B., to ,enforce the performance thereof or, with the like sanction, to give notice to the said S. B. that he abandons this agreement, ,whereupon the same shall cease .and determine, and the" said official liquidator shall be entitled to proceed against the said S. B. to enforce payment of the said sum of Rs. or so IDJ)ch' thereof as .shall then remain due and owing unpaid, as if this agreement had not been entered into.

Witness to the signatures } R. P. H., Offi.!-ial Liquidator,

of the said R. P. H. and S. B. S. B.

C. D. of etc.

No~ 60.-Memorandum oj sanction oj Judge to agreement oj compromise.

(RULE 77.)

[For general heading, see rule 1.]

The Judge has sanctioned this agreement of compromise.

_. (Signature.)



No. 61.-0rder or memoroodum 'oj the sanction oj the Judge

[or eel'tain acts to be done by official l~quidator .



(RULE 78.)

[For general heading, S(;'8 rule 1.]

. The Judge doth hereby sanction (or has

sanctioned) the following proceedings being taken (or acts being done) by the official liquidator of the above-named

148

THE INDIAN COMPANIES ACT.

company, namely (state the proceedings to be taken, or acts to be done as) the bringing Qr instituting and prosecuting an action in the name and on behalf of the said company, against ) or defending an action ~ought against the said company by K. M. of etc., to recover a debt or sum of Rs., alleged to be due from (or. to) the said K. M., to (or Jrom) the said company. etc .

....

No. 61A._!Appea~nce Book.

'\ (RULE 86.)'

.

. [For general head~"ng, see rule J.1,



.
Date If hel • If he Aibount
when iWhothM appea.ls in appears by Attor. of
appear- Pa,:'ly's creditor person, his an attorney, ney's debt (or
name or oo n- his
ance tnbut or address for attorney's address, number es
entered, service, eha.l'es).
name.
---
J' , -------
"
"
[ .
j Appearance Book.

o

BOMBAY BIGH COURT RULES.

149

No. 62.-.-Form of order transferring winding-up proceed~ng8 from High Court to District Oourt.

(RULE 90.~

\

[For general "heading, see ",ule 1.]

It is hereby ordered that all the Winding-up proceedings in the above matter, togetper with all documents and papers thereto relating, and all moneys and securities standing therein-to the credit of the official liquida!;pr, be and they are hereby transferred from the said High Oourt to the District Court at , and the said District Court shall hereafter have cognizance of all sucb proceedings and take charge of all such moneys and securities.

'> •

l1ated this day. oj. " 19

A ... B:

(Judge of High Court).

No. 63.-Form of 6"der transferring winding-up proceedings

.. from one District Court to another.

(RULE 90.)

[For general heading, see rule 1.]

It is hereby ordered that all the winding-up proceedings in the above matter,.together with all documents and papers Jefating thereto, and all moneys and securities standing therein to the credit qf the account of the official liquidator, be and they a~ hereby transferred from the District Court at to the Distrid Court at and the said last mentioned District Court shall hereafter have cogruzance of all such proceedings and take charge of all such moneys ~nd securities.

Dated this

day of

19

A. B.

(Judge pf High Oourt).

150 )

THE INDIAN COMPANIES ACT.

No. 64.-Summons [or persons to attend at Gham"gers to he examined.

(See sec. J95 of the Act.)

[For 9~neral heading? see rule 1.]

A. B. of etc. and E. F. of etc., are hereby severally sum-

moned to attend at 0 on t~ day of 19.

at of the clock in the noon, to be examined

on the part of the-said official liquidator (or of W D. b£ etc.) for the purpose of proceedings directed by the said Court to be taken before me in the above matter. And t1J.e said A. B. is hereby required to bring with rum and produce at the time and place aforesaid, a certain ip.denture (descnbDdocument) and all otlier books, paperS, deeds, writings, and other documents in his custody or jlG>wer in any wise relat~ng to the above-named company.

Dated thi~ dayof 19 . This summons

was taken out by Messrs:·C. & D. of , attorneys for the

official liquidator (or .for the said W, D.)

No. 65.-Declaration oj the company being completely wound up, and oj the official liquidator hav~ng passed his final account.

(RULE 91.)

[For '!Jeneral heading, see 'rule 1.]

-j

I hereby declare that R. P. R., .the official liquidator

-of the above-named company, hae passed hid final account as such official liquidator, and that the balance of Rs. ' hereby found to be due to (or from) the said official liquidator has been paid in the manner directed by the order dated the day of 19, and that the affairs of the said company have been completely wound up. Dated this

day of 19 •

A. B., Jud9~.

BOMBAY HIGH COURT nULES •

• 161

• No. 66.-:-0rder to dissolve the company. (RULE 92.)

[For general heading, see I,rule 1.]

\ < •

Upon the application. of the offici~l liquidator of the abovenamed company, and upon reading an order dated

the day of and the declaration of the.

Court dated the J day 01 , whereby it

app~ that the affairs of the said company have been completely wound up, and that the balance oy Rs. due from (or to) the official liquidator has been paid in manner directed by. the said order. It is ordered that the said

company be dissolved as froin this day of 19.

and that '!he recognizance, dp.ted the day of

19 , entered into by the said official liquidator, together with

W. It and S. P., his sureties, be vacated. •

., A. B., Prothonotary.

J or A. B., Di3trict J ~e •

..

No. 67.-Notice by liquiaator in voluntary winding-up of his appointment.

To

(See sec. 208 of the Act and rule ~4.) [For generaZ heai1ing. see rule 1.]



~

The Registrar of Joint Stock Companies.

Take notUle that by a resolution passed

in general meeting of th~ above-named company on ~

day the day of 19 in the matter of the voluntary winding tiT' of the said Company, I, the undersigned, was appointed liquidator of the said company.

Dated this day of 19 .

(Signature.) (Address.)

.

152 "

THE INDIAN COMPANIES ACT.

No. 68.-Liquidator's Statement oj Acco~nt. (RULE 95.)

L ror general head~ng, see rule 1.] ,

RE ALISATIONS. DISBURSEMENTS.
'"
.'J'-- I>
Of Nature To Natureofl ..
Date. whom of assets Amount Oate. whom disburse- ~1:Dount_
received. relll~ed. Iv paid. m •• ta, l
--
.
Brought R8. a. p, Bl'llUllht Rs. a. p.
forward forward.
I
I
r i
I
:il
:
I
.
,
oJ
Carried Over ... Oarried over .. .
. NOTE.-No balance should be shown on this Account, but only the total reahsatrons and drsburaements, which should be earned forward to the next account.

BOMBA.Y HIGH COURT RULES.

153

ANALYSIS OF BALANCE.

Rs. A. P.

Total realisations

. " - disbursements

,----

Balance

\

The balance IS made up as follows :-

1. Cash m hands of liquidator .•

2. Total payments into Bank, J including balance at date oh commencement of wmdmg up (118 per Bank Book)

Total Wlthdn:Lwhls from Bank ,j

----

Balance a.t Bank

3 .• Amomh ill Oompames Liquidation Account

"' Rs. A. P.

4. AnJounts invested by hqmdator

LU8-AmDunt realised lrD1n r.ame

Rs. A. P •

....

;'

• D

Balance

Total balance as shown above Bs ••

NOTE.-Full detads of Stocks purchased for investment and of reahsation thereof should be given 1D a. separate statement. J

Note.-The hquidator should also state-

j Assets (alter deducting amounts

<, charged to secured creditors

(1) The amount of the esti- and debenture-holders) Bs.

mated assets and ha- { Secured credr,

brlrties at the date of tors . • ..

the commencement of I Liab'l t' Debenture-

the winding-up. I lies ho\deTS "

Unsecured creditors

-----

(2) The total amount of the t Paid up cash " Re.

capital paid up at the Issued as paid up otherwise

date of the oo-nmence- than for cash ~ •

ment of the winding- \

up.

C3} The gen~l descnption f and estimated valutllof outstanding assets (If any). •

(4) The causes which delay , the termination of the i wmdmg-up. I

(5) The period withm which I the windmg-up may ~ probably be completed. \

154

THE INDIAN COMPANIES ACT.

No. 69.-Affidavit verifying statement of liquidator's, account. (RULE 95.)

[For general head~ng, see rule 1.]

I, of', the

liquidator of the abbvenamed company, make oath and say

as follows :- .

1. Thlfli the account Mreunto 6'nnexed and marked contains a full and true account of my receipts and pqy'~.ent' in the winding-up";i the above-named' company, from 'the

day of 19, to the day of

19 ,inclusive, and that I have not, nor has any.other person by my order or for my use durhig such period, received or paid any moneys on account ofJhe said company,.,other than antl except tlle items mentio~d' and specifietl in the saitl account.

2. I further say that the particulars given in the anllexed Form 68, marked , with respect to the proceedings in and position -of the liquidation, are true to the best of my knowledge and belief.

Sworn at '.:>

this Jay of 19

Before me.

NOTE.-If no receipts or payments, stnti:e ou~ the words In italics.

The Second Schedule.

Fees and charges to be allouied to attorneys. (RULE 99.)

Rs ......

For attending any summons or other apphc!).tion at the Judge's

Chambers, per hour .• .. ..... •• 10

Or where from the length of the attendarlte or the difficulty of the case the Judge shall thmk this fee an InsuffiCient remuneration for services performed, such fee as the Judge maY'aIlow to the a.ttorneys by a memorandum in wntmg expressly made for that purpose and Signed by the Judge specifyreg dIstmctly the ground of such allowanoe.. . • . •

For notice and services where the service may be efiected as provtd-

cd by Rules .• .• •. .• .•

For other duties performed, such of the fees authorised by the rules and rsgulanons of the High Court as to attoruey's fees as a.re applicable.

RULES AND FORMS MADE BY THE HIGH COURT OF JUDICATURE AT MADRAS UNDER J

THE INDl>AN COMPANIES .

),GT, 1913(a) .

.

The following shall be used as general headings in all cases ~ene.ral under these rules relating to companies in the High Court eadings, of Judicature at :Madras:- l.

nA.-For proceedings bef&re ~h~ Judge in Chambers or

in Court- '

In the High Court of Judicature at Madras.

In the matter of the Indian CWnpanies Act VII of 1913

and of the • Company, JJmited.

B.-For all advertisements, notices, and other proceedings not before the Judge in Chambers or in CourV-



~ In the matter of the Indian Companies Act, VII of 1913

and of the Company, Limited.

C.-In cases where it is required, the words 'and reduced' shall be added to the description of the company. •

2. Unless otherwise ordered all proceedings under Presenta~on t~ Act shall be he~rd in Chambers and ~he ~es of the ~r!~~~r:~_g HIgh Court, 1902, wltb reference to proceedings In Chambers ings.

shall apply thereto,

I)

3. The jurisdiction conferred upon the High Court by the Jurisdtction Indian Companies Act, 1913, may be exercised by a Judge and appeal. sittmg on the Original Side of the Court and in all matters

of practice and procedure, shall be deemed to be part of the

Ordinary Original Civil Jurisdiction of the Court; and appeals

from the orders of a single Judge shall be heard and

(a) Dated 28th liugust 1918. •

Taxation of costs.

Forms to be used.

Petition to reduce caPital.

• And reo

duced' under sec-

• tion 57 of the Act.

Practice in cases where creditors cannot object.

Practice where creditors are entitled to object.

156 ) THE INDIAN COMPANIES ACT.

determined in manner prescribed by the rules of ,the High Court for appeals from the judgment or order of a single Judge in

the exercise of tlle said original jurisdiction. '

4. The High Court Fee Rules, 1902, shall apply to all proceedings under the Act: provided that, unless otherwise ordered, the costs of an original petition shall be taxed by the Taxing .officer.

, \

5. Til;'-,Forms in the appendix hereto shall be used with such variations as circumstances may require .

.L.EDUCTlON OF CAI'ITAL.

6. Upon the presentation of a petition for an order confirming a special • '~esolution :for red.ucing the capital of a company in Cas!'~ where the creditors '3f the company are not entitled to object to the proposed reduction, the words 'and reduced' shall be used, unless an order has been obtaine1 dispensing with those words. Such an order may be obtained in Chambers, either 0!l application ex paTte by summons in Chambets before the presentation of the petitaon or after the petition" has been presented; in the former cases a copy of ~he intended 'peti'tIOn should be filed.

7. In the cases mentioned in the J~t preceding rule, a certificate shall not be granted as is hereinafter provided, ,by rule 19, but the petition shall be posted for hearing. In all other cases, the rules hereinafter provided with reference to petitions to reduce capital shall be followed.

8. In cases in which the creditors are entitled to object to the proposed reduction, the petition shall not be posted for hesnng until after the expiration of 14 clear days from the filing of such certificate as is mentioned in rule' 19 hereafter.

... .. ,

Proceedings 9. When any such petition as last aforesaid has been after petition presented, application may be made ex 'F')rte, by Judge's presented. summons, for directions as to- the proceedings to be

taken for settling the list of creditors entitled to object to the proposed reduction, and the Judge may thereupon fix the date with reference to which the list of such creditors is to be made out pursuant to section 58 of the Act; and may, either at the same time or afterwards, as he shall think fit, give such directions as are mentioned in rules 10, 11, 14, 15 and 16. The order upon such summons may be in Form No. r in ~he Appendix hereto.

MADRAS HIGH COURT RULES.

,157

10. ~otice of the presentation of the petition shall Advertisebe p~blished at such tlII;es in the Fort ~t. George Gazette, ~~~!o~.

~ and In such newspapers m English and ill the vernacular as the Judge shall direct, so that the first insertion of such notice be made not less than one calendar month before the day of the date fixed, as mentioned in rille

9. Such notice may be in) Form No.2:

11. The company shall wjthin such tiW£Y as the Affidav.it as Ju~e. shall direct, me") in Court an affiaavit made to creditors. by ~e officer or <?fficers of the cOIJ1pany competent

to make the same, verifymg a list containing the names

and addresses of the 'creditors of the company at the

date fixed as mentioned in rule 9; and the nature and

amounts due to them, respectively, or III case of any debt

payable on a contingency 0:;) not ascertained or any claim

admiS§ible to proof m a wm1mg'-up of the company, the

value, so far as can be justly estimated, of such debt or

claim. '

'j

12. The person making such affidavIt shall state therein Form of his belief that such list is cornet, and that there was affidavit. not at the date so' fixed as aforesaid any ~ debt or claim

which, if that date was the commencement of the winding-up of the company, would be admissible in proof

against the company, except the debts set forth in such

list and shall state his means of knowledge of the matters deposed to in such affidavit. Such affidaVIt may be in Form

No.3.

13. Copies of such list, containing the names and InspectioD addresses of the creditors, and the total amount due ~~;d~~O~~ to them, but omitting the amoants due to t,hem respectively, . or (as the Judge shall think fit) complete copies of such

list shall be kept at -the registered office of the company

U!id at the offices of their attorney or vakil (if any),

and any person desirous of inspecting the same may, at

any time durin~ the ordingry hours of business, inspect and

take extracts from the same on payment of the sum of one

rupee.

14. The company shall, within seven days after the No~~e to filing of such affidavit, or such further time as the Judge ere itors, may allow, send to each creditor 'whose name is entered

in the said list a notice stating the amount of the proposed reduction of capital, and the amount or estimated

value of the debt for which. such creditor is entered in

Advertisement as to list of creditors.

Affidavit as to result of rules 14 and IS·

158 > THE INDIAN COMPANIES ACT.

the said list, and the time (such time to be fired by the Judge) within which, if he claims to be a creditor for a larger amount, he mUst send in his name and address, and the particulars of his debt or claim and the name and address of his attorney or vakil (if any) to the attorney or vakil of the company; and such notice, shall be sent through the post in a registered Ietter prepaid for acknowledgment addressed to e~ch creditor at his last known address or place of abode an~ay be in Forl'h No. ~ provided, that where any of the creditO'rs 01 the company are residing out of l' 3tish India, or where'\the names of ally of the creditors are not known to the company, the Judge may direct notice to be given to them by advertisement in. such papers and at such times or in suGh manner as he may think.

proper. , ' ..

15. N~tice of the list qj creditors shall, afte'l\ the filing of the affidavit mentioned in rule 11, be published at such times and ill such newspapers as the Judge shall direct.' Every such notice shall state the amount of the proposed reduction of capital, and the places where the aforesaid list of th~ creditors may be inspected, and the time witrlin which creditors of the comp~y, whose names are not entered in the said list, and who are desirous of being entered therein, must send in their names and addresses, and the particulars 01 their debts or claims, and the names and addresses of their attorney or vakil (if any) to ~he attorney or vakil of the company; and such 'notice may be in Form No.5.

16. The company shall, within such time as the Judge shall direct, file in Court an affidavit made by the person to whom the particulars or debts of claims are, by such notices as are mentioned in rules 14 and 15, required to be sent in, stating the result of such notices, respeetively, and verifying a list contaming the names and addresses of the persons (if any), who shall have" sent in the particulars of their debts or claims in pursuance of such notices, respectively, and the amounts of such debts or claims, and some competent officer or officers of the company shall join in such affidavit, and shall in such hst distinguish which (it any) of such debts and claims are wholly, or as to any arid what part thereof, admitted by the company, and which (if any) of such debts and claims are wholly, or as to any and what part thereof, disputed by the company. Such affidavi, may be in Form No.6.

MADRAS HIGH COURT RULES.

,159

17. Where any debt or claim, the particulars of which are so Proceedings sent in, shall not be admitted by the company, at its full whteredmjcl.aim

" h d . h 1 h no a to

amount, t en an ill every sue case, un ess t e company are ted.

willing to set apart and appropriate in such manner as the

Judge shall direct the full amount of such debt or claim, the company shall, if the Judge thinks fit so to direct, send to the

creditor a notice that he IS required to' come ill and prove

such debt or claim, or such part thereof as is not admitted

by the company, by a d,ay to IJ be therein n~, being

not~ than 14 clear days after such notw, and being

the ilThe appointed bY' the Judge for dijudicating upon

such debts and claims, and such notice shall be sent in the

manner mentioned ill rule 14 and may be in Form No. 7

with such variations as the .cncumstances of the case may

require.

13. Such creditors as coma in and prove their debts Costs of or claims in pursuance of such notice as is mentioned in proof. rule 17 may be allowed their costs of proof j against the company and such costs shall be added to their debt;

.or the said creditors may be ordered to pay the costs in

the event of their proef not being estabhshed.,

19. The result of the settlement of the list of creditors shall Certificate be stated in a certificate which shall be signed by the J udge, ~ :::~!ed1~e and such certificate ~hall state what debts or claims (if any) tors •• have been disallowed, and shall distinguish the debts or claims

the full amount of which the company are willing to set apart

and appropnate, and the debts or claims (if any) the amount

of which has been fixed by inquiry and adjudication in manner

provided by section 59 of the Act, and the debts or claims

(if any) the full amount of which is not admitted by the

company, and which the company are unwilling to provide

f~t, and the amount 'of which has not been fixed by inquiry

and adjudication as aforesad; and shall show which of the

creditors have ~nsentetl in WIlting to the proposed reduction

and the total amount of, the debts due to them, and the

total amount of the debts or claims the payment o~ which

has been secured. in manner provided by the said section 59

of the Act, and the persons to or by whom the same are due

or claimed; but it shall not be necessary to show in such

certificate the several amounts of thedebts or claims of any

persons who have consented in writing to the proposed

reduction or the payment of whose debts or claims has been

secured as aforesaid.

Petition to come on for hearing.

Advertise. mentof hearing.

Who may appear

Costs of appearance.

Directions at hearing.

Order can. firming reduction.

160 J THE INDIAN COMPANIES ACT.

20. After the expiration of fourteen clear days from the filing of such last-mentioned certificate the petition shall be set down for hearing in the ordinary course.

)

2l. Before the hearing of the petition, notices stating the day on which the same is appointed to be heard shall be published at such- times and vin such newspapers, in English _and the vernaculars, as the Judge shall direct. Such no~ may be in Eorm No.8.

, )

22. Any '~-"'..reditor settled on the said list, ~Jtn:ose debt or claim h~not, before the 'hearing of the petition, been discharged or determinedvor been secured in manner provided by section 59 of the Act, and who has not before the hearing consented in writing ib the proposed reduction of capital, may, if he thinks fit, upon giving two ('1ear days' notice to tHe attorney or) vakil of the company of his intention so to do, appear at tilu hearing of the petition and oppose the' application.

,

23. When a creditor who appears at the hearing under the last preceding rule is ') creditor the full amount of whose debt or claim js not admitted by th& Company, and the validity of whose debt or claim has not been inquired into and adjudicated upon under section 59 of. the Act, the costs of and occasioned by his appearance shall be dealt with as to the Judge shall seem just, but in all ~ther cases a creditor appearing, shall be entitled to the costs of such appeararl~e, unless the Judge shall be of opinion that in the circumstances of the particular case his costs ought not to be allowed.

24. When the petition comes on to be heard, the Judge may, if he shall so tbink fit, give such directions as may seem proper with reference to the securing, in manner mentioned in section 59 of the Act, tho payment of the debte or claims of any creditors who do not consent to the proposili1 reduction; and the further hearing qj the petition may, if the Judge shall think fit, be adjoJlrned for the purpose of allowing any steps to be taken with reference to the securing in manner aforesaid the payment S)f such debts or claims.

25. Where the Judge makes an order confirming a reduction, such order shall give directions in what manner and in what newspapers, III English and the vernacular, and at what times, notice of the registration of the order and of such minute as is mentioned 'ill section 61 of the Act, is to be

MADRAS HIGH COURT RULES.

'161

published ;.and unless the Judge shall have dispensed altogether with the addition of the words" and reduced" or shall

'then dispense with the further use thereof, shall fix vhe date until which the words "and reduced" are to be deemed part of the name of the company as mentioned in section 57 of the Act.

26. If the Judge shall think fit to require the company Publication

bli h h ~ h d t' I i 'J .- of reasons

~ pU IS t e reasons lor t e re t:£ Ion 0 Its car ,or any for reduction

oth~nformation with reg~rd thereto or the ' auses which etc. '

led to'~ach reduction (a~ provided by sectio: 65 of the Act)

the same shall be advertised in such newspapers, in English

and in the vernacular, as the Judge shall think propel-

WINDlN'G-UP,.

27~ Every petition for th~ windmg-up of any company Petition to by the Court, or subject to the supervision of the Court, after ~~~::Y' admission, shall be advertised fourteen clear days before the Advertise.

hearing as follows:- ment of

, pennon.

(1) In the case of '11 company whose regisjered office, or if there shall be no such office, then whose principal or last known principal place of business, is, or was, situate WIthin the local limits of t~e Ordinary Original Civil Jurisdiction of the High Court at Madras, once in the Fart Bt. George Gazette and in such newspapers in English and in the Vernacular

as the Judge shall direct. 6'

(2) In the case of any other company, once in the Fort St. George Gazette and once at least in two local newspapers or if there is none, in such newspapers in English and the vernacular circulating in the district where such registered office or principal, or 'last known principal place of business, ai'the case may be, of such company, is or was situate as the Judge shall direct, and. also by proclamation affixed to the

Nctice Board of the High .,Court. '

The advertisement shall state the day on which the petition was represented, and the name and address of the petitioner, and of his attorney or vakil (if any). (Form

No.9.) .

28. Every such petition shall, unless presented by Seryice of the company, be served at the registered office (If any) of the petltlon, company, and where there is no r~istered office, then at the

Affidavit verifying petition.

162 '

THE INDIAN COMPANIES ACT.

principal or last known principal place of business of the company, where any such can be :found upon any member, officer, <;Ir servant of the company there, or in the case no) such member, officer, or servant can be found there, then by being left at such registered office or prircipal place of business, or by being served on ssch member or members of the company as the Judge may direct; and every petition for th£.<OYlUding-up of a company subject to the supervision of the Com~hall also be )served 'llpon the liquidator (if anj) appointed for "',4;,he purpose of winding-up the affaIrS /i'the Company. So 'also every petition for the compulsory winding-up of a company shall be served upon the liquidator (if any) who may have been appointed to act. in a voluntary winding-up, or In a winding-up under supervision, as the

case may ~e. _,

29. Every petition for the winding-up of any company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit referrmg thereto, in Form No. 10, such affidavit shall be made by the petitioner, or by one of .the petitioners where more than one, or in case the petition is presented by tJe company, by some Director, Secretary, or .other' principal officer thereof, and shall be made and filed withm :four days after the petition is presented, and such affidavit shall b~, sufficient prima jacie evidence of the statements in the petition. Where the petition is presented by a corporate body, other than'the company itself, the affidaVIt shallbe made by some Director, Secretary or other principal officer of such corporate body: Provided that where the petrtioner is by reason of absence or for other good cause unable to verify such petition, the same may with' the permission of the Court be verified by any person duly, authorized by him in that behalf.

30. Every contributory or creditor of the company shall be entitled to be furnishe1 by the attorney or vakil of the petitioner with a copy of the petition within twenty-lour hours after requiring the same, on paying at the rate of 6 annas per folio of 72 words for such copy.

Petitio? not 31. Where a petition to wind up has been admitted

to be dis- h 't' h 11 t b t' 1 d . hd

missed if any t e peti loner s a no e en It e to Wit raw

creditor or have it dismissed, where any creditor appears and proves

desires to his debts and is desirous of taking advantage of the

take advant- ..

age of it.- petition,

Copies of petition to be supplied.

MADRAS HIGH COURT RULES.

'163

ORDER TO WIND UP CuMPANY.

32. Notice of every order for the wmding-qp of a Order to company by the Court, or subject to its supervision, Wind up shall withm tve1ve days after the date thereof be given by the ~~~~~?epetitioner once in the Fort S~. Gwrge Gazette, and once in such ment and newspapers in English and the vernacular 'as the Judge shall service of direct and shall be served upon such person (If anyj:;.and in order.

~h manner as the Court lJlay direct, SUCh/ot;' may be

in ~ No. 13. '

-,~ .

33. Within ten days after the order for the winding-up Prcceedings of a company has been issued, a summons in Chambers shall on order. be taken out by the petitioner ~o proceed with the winding-up

(If the company, and in default thereof such summons

may be ta~en out by any othe\' ,person interested in the winding-up to whom the Jud$~' may think fit to give the

conduct and prosecutaon of the said order, and in either

case such summons shall be served upon all part~es 'who may

have appeared, upon the hearing of the petition~ Upon the

return of such summons, a time shall, where the Judge

thinks fit, be fixed for t~e appointment of an official liquidator

. and for the proof of debts and for the list of coil.tributories to be brought in, and directions may be given as to the advertisement to be issued for all or any of such purposes, and generally as to J the proceedings and the parties to attood thereon. The proceedings under the order shall be continued by adjoumment, and where necessary, by further summons, and any such directions as aforesard may be given, added to, or vaned at any subsequent times a" IDIJ,V be found necessary.

OFFICIAL LIQUIDATOR.

34.. The Judge may appoint a person, to the office Appointof=official liquidator without any previous advertisement mffien~ 01 f

ti t l!_ • d 1 f 0 cia

or no ice 0 any party, ,or may WI, a time an p ace or liquidator.

the appomtment .£ an official liquidator and may appoint or

reject any person nominattd at such time and place, and

appoint any person not so nominated.

35. When a time and place are fixed for' the Advertise. appointment of an official hquidator, such time and place shall men~ ats to t

b ad ti d - h h J'd all' appommen. ever ise ill sue manner as t e u ge sh direct, so

the first or only advertisement shall be published within

fourteen days and not less than seven days before the

day so fixed. (Form No, 14.)

Security of official liquidator.

Order appointing official liquidator.

Cert!lica te of security given.

164.'

THE INDIAN COMPANIES ACT.

36. Every official liquidator shall give security by entering into -a recognizance with one or more sufficien~ suretie~, or a Guarantee Society recognized by the Court; or by depositing Government Securities in such sum as the Judge may approve, provided that the Judge ffiIl~, if he thinks fit, dispense with aJIch security. ~Forms Nos. 16 and 17.}

37. The official liquidator shall be appointed by order; and 1lIii\le, he shall hase given security, or unless securlt; . shall have't~een dispensed wi~, a time shall be fur;} by such order W\1Wia which he is. to do so, and tile order shall fix the times or periods at which the official' liquidator 18 to file hIS accounts of receipts' and payments and shall direct that all moneys to be r&ceived shall M paid into the Imperial Bank of India or branch thereof nearest to the principal place of business lIf \he>company, immediately aiter the receipt thereof or within sevea .days at least after th@,receipt thereof to the account of the official liquidator of the company; ay.d an account shall be opened there accordingly,

. and if the money IS payable into the Imperial Bank of India or branch thereof as aforesaid an office-copy of the order shall be lodged at tpe Imperial Bank· oh~India' or such branch thereof as aforesaid. (Forms ~6s>18 and 22).

~ "' .. t' ~"

38. When au offioial . liquidator has given security pursuant to the direotions in the ordse, appointing him, the same shall be certified by the Deputy Registrar of the High Court, Original Side . .!

~39. Except in cases where security has been dispensed with, the offkaal liquidator shall on each occasion of passing his accounts and also whensoever the Judge may so require, satisfy the Judge that his sureties are living, and resident in the Presidency of Madras, and have not been adjudged bankrupt or become insolvent, and' in default thereof.he may be required to enter into fresh security WIthin such time

as shall be directed. ' ~

Advertise- f)

ment of 40. Every appointment of an official liquidator shall

appointment be advertised. in such manner as the Judge shall direct, made. immediately after he has been appointed and has given security, if any, re~uired. (Form No. 23.)

41. Where it is desired to appoint provisionally an official liquidator, an application for that purpose may at any time after the presentation of the petition for winding up the company J be made) by Judge's summons without

Fresh security when reqUired.

Provisronal official liquidator.

MADRAS HIGH COURT RULES.

165

advertisemmt 01 notice to any person unless the Judge Jihall otherwise direct ; and such provisional official liquidator may, if the Judge shall think fit, be appointed without securitv. (Form No. 19.)

..

42. In case of the death, removal, or, resignation of an Vacancy in official liquidator, another shall be appointed in hIS room, in offiffice r

h di d i h f fi . 0 cia

~~ same manner as irecte In t e c~se 0 a rst appo~tment; liquidator.

alil1 th~ proceedings for thal purpose may be.~~en by such partNerested as may be authorized by the ;trudge to take

the same.

43. The official liquidator shall, with all convenient Accounts. speed after he 'is appointed, ~roceed to make up, continue, complete, §nd rectify the books of accounts 01 the -company; and shall provide ahd·kp,ep such books of account

as shall be necessary, or as t1:e Judge may direct, for the

purposes aforesaid, and for showing the debts aqd credits

of the company, including a ledger which sl}all contain

the separate accounts of the contnbutories, and in which

every contributory shall be debitedJrom time to time with

the amount payable bY"11m in respect of any calJ to be made

as provided by the Act and these Rules.

44. The official liquidator shall further keep a book to be ~fficlal called the" Record books " in which he shall record all minutes, Record book all ~oceedings held and resolutions passed at any meeting of 1~ ~~~~d!. creditors or eontnbntoriea, and all such matters as ma.y be tor. necessary to give a correct view of his administration of the

company's affairs.

45 Unless the Judge otherwise directs, the official ~emunera. liquidator shall be allowed in his accounts or otherwise tion,

paid, remuneration calculated as follows:- .~

"" Scale oj Fees.-'(I) Upon the total asset, including produce of calls on contributories, realised or brought to credit, and not heing m6neys received and spent on carrying

on the business- ..

On the first Us. 10,000 or fraction thereof 5 per cent.

On the next Rs. 15,000 " 3

On the next Rs. 25,000 2!

On the next Rs. 50,000 " 2

On IIny sum sbove Rs. 1,00,000 ..

I

(2) When the official liquidator' collects, calls or realises property for debenture-holders o~ other secured creditors,

16if

THE INDIAN COMPANIES ACT.

the same rate of fees as under No. (1) above to ~e paid out of the proceeds of such calls or property

(3) When the official liquidator acts as trustee under a seneme of arrangement, such remuneration, .]lot exceeding the rate of fees un,der No. (1) a~ove, as the Court shall allow.

(4) When ~the offk ial liqmdator performs any special duti~s, ·'OOt provided fo~ above, such amount as the Court on the a~cation of the ollie!al liquidator, may ooyi<fer

reasonable: - .~ .J1'

He shall also be allowed a rum sufficient to cover the expenses of the employment of assistants or .clerks ana his office rent, stationery, ete., a~ the Judge shall direct.

_,

(a) Tae rate of remlJD.Bration of a liquidator shall in no case exceed the amount spoo\£ed in the scale OT feEl!l given above.

(b) No ~ offioial liquidator shall settle his re)1luneration With the attorneys or vakils for the par~Ies concerned or with the parties, if in person.

a ~ -

Passing 46. The accounts .ol >,t.be'. officiitl liquidator shall be

accounts. filed at such times as" may nom time to time be ordered by the Judge, and shall upon notice to such persons (ii any) as the Judge shall direct, be audited, pas~ed or verified as may

be ordered . ~

JOint officia 47. Where jomt official liquidators are appointed liquidators. the above rules relating to official liquiilR.t.orq qhR.1I 06

applicable mutatis m~~tandis.

PROOP OP DEBTS.

Proof of 48. For the purpose of ascertaining the debts and clafms ::!'t~;em~~t ~ue £roam the cotmh ~andY ballt d of lr~quu..ing the..:',> cre~itors to cohm1c1 for creditors. m an prove elr. e s or c alIDs, an au vertlsement s a

be issued at such times as the Judge shall direct, and such advertisement shall fix a time for the creditors to send their names and addresses, and the particulars of their debts or claim, and the names and addresses 01 their attorneys or vakils (if any), to the official liquidator, and appoint a day for adjudicating thereon. (Form No. 24.)

Attendance 49. The creditors need not attend upon the adjudicaof creditors. tion, nor prove their debts or claims, unless they are required

MADRAS HIGH COURT RULES.

,167

to do so by notice from the official liquidator, but upon such notic~ being given, they are to come in, and prove ) their' debts or clarms within a time to be therein specified.

I

50. Th~ official hquidator shall investigate the debts Lists of and claims sent in to him .. and ascertain, so far as he is debts. able, which of such debts and claims 'are justly due from

the company, and he shall make out and file in court

~ list of all the debts and rJaims s.!nt in to him, dis-fmguishing w~ of the debts and claims, or parts of ~s and claims, so claifued, are, in his bpinion, justly due .ind proper to be allowed without furthe~ evidence, and which of them, in his opinion, opght to be proved by the creditors, and he shall make and file, prior to the '.lime appointed for adjudication, an affida''lt setting forth which of the debts and claims in hIS opinion are justly due and 'proper to be allowed without furtht!r evidence and stating Ibis behef that such debts and claims are justly due and proper to be allowed, and the reasons for such belief. (Forms Nos. 25 and 21}.)

51. At the time appointed for adjudicating upon the Ar~w:nce debts and claims, or 8,t any adjournment thereof, the Judge 0 e ts. may either allow the debts and claims updn the affidavit

of the official liquidator, or may require the same, or any

of them, to be proved by the claimants, and adjourn the adjudication thereon" to a time to be then fixed, and the

oiicial. liquidator shall give notice to the creditors whose

debts or claims have been so allowed of such allowance in

such manner as the Judge may direct. (Form No. 27.)

52. The official liquidator shall give notice in writing Pr~of of to the creditor, whose debts Jr. claims have not been allowed de ts. by him, that he is required to come in and prove the same

by a day to be therein named, being not IeEE than four days

"iter such notice, and to attend at a time to be therein named, being the time appointed by the advertisement or by adjournment ~s the 'case may be) for adjudicating upon

such debts and claims. (Forms Nos. 28 and 29.)

53. The value of all debts and claims against the Estimation company shall, so far as is possible, be estimated according °dfbvaluedof

h I h . d e tsan

to t e va ue t ereof at the date 9£ the order to Will up claims.

the company.

54. Such creditors as come in and prove their debts or Cost of proof. claims pursuant to notice frOI9- the official liquidator may

168

THE INDIAN COMPANIES ACT.

be allowed their taxed costs of proof which may be added

to the debt if the Judge so directs. e

~

Judge's 55. ,The result of the adjudication upon debts and certificate of claims shall be in the form 01 a certificate to be signed debts. by the Judge from time to time as conveaience may

require, and such certificate shal'l state whether the debts or claims are allowed or disallowed, and whether allowed as against $y particular as~ts, or in any other qualified or ....... special mann,(Form No. 30.) 0

LIST OF CONTF.IBUTORU;S.

List of centnbu. tories.

56. The official liquidator- shall, with all convenient speed after his appointment, .or~ at such time as ihe Judge shall direct," make out and "file in court a list of the cgntributories of the company; and ~such list shall be verified by the affidavit of the official liquidator, and shall, so far as IS practicable, 'State the respective addresses of, and the number of shares or extent of interest to be attributed to, each such contribuWry and d\§tingu4;h the several classes of contrlbutories. 'And such- list .• may;·. from tame to time, by leave of the Judge, be varied or added to by the official liquidator. (Forms Nos. 32, 33, 37 and 38.)

. ~

Notice ~ t 57. Upon the list of contributories being filed W

~!Ps~We. en Court, the official liquidator shall obtain an appointment for the Judge to settle the same and shall give notice in writing of such appointment to every person included in such list, stating in what character, and for what number of shares or interest such person is included in such list, and in case any variation or addition to such hst shall at any time be made by the official liquidator, a similar notice in writing shall be given to every person t()o» whom such variation or addition applies. All such notices shall be served four clear days before 'the da~ appointed to settle such list or such variation or &tldition. (Forms Nos. 34 and 35.)

Judge's 58. A list of contributories as the same shall have certificates. been settled by the Judge shall from time to time be drawn up by the offitial liquidator and signed by the Judge for the purpose of stating the result of such settlement down to any particular time, or as to any particular person or stating any variation of the Jist. (Forms Nos. 39 and ~O.)

MADRAS HIGH COURT RULES.

,169

59. 1he official liquidator shall forthwith give notice Notice to III writing to every person whom he has finally placed contribu. '(In the list of contributories stating in what charact€:l' and tories, for what number of shares or interest he has beeu placed

()D the listi\ and in the notice inform such person that

any application for the qremoval of his name from the

list, or for a variation of the list, must be made to the

Court by summons in Chambers within 30 days from the date

~ the service on the contributory ~r alleged contrloutory of

n~ of the fact that his name is settled on thp iist of contributories.

o.

60. (1) Subject to the'power of the Court to extend the time Applrcatron or to allow ail application t? be made notwithstanding the to the Court expiration of the time limited for that purpose, no applicauon f~~ary the to the Cou;t by any person who, objects to the list of contn- 1 • butories as finally settled by Jihe 'official liquidator shall be entertained after the expiration of 30 days hom the date of the

service on such person of notice of the settlement of'the list.

,

(2) The official liquidator shall not in any case be personally liable to pay any costs of, or in relation to, an apphcanon to set aside 01' to vary'llis·act 01' decision setthn.g the name of a person on the list of oontributories of a company.

SALES OP PROPERTY.

~ - 61. Any movable or immovable property belonging Sales of to the company may be sold with the appeobanon property. (If the Deputy Registrar, Original Side,. in the same

manner as in the case of a sale under a decree or order

of the Court in a suit, or, if the Judge shall so direct, by the

official liquidator, in which case the conditions or contracts

of sale shall be settled and approved of by the Deputy Regis-

trar, Original Side, unless the Judge shall otherwise direct;

and unless on account of the small amount of the purchase

money 01' other cause" it shall be tht.ught proper that the purchase-mone}'"' shall be ~aid to him, all conditions and {)ontr~cts of sale shall provide that the purchase-money shall

be paid by the respective purchasers into the Imperial Bank of

India or the branch thereof nearest to the principal place of business of the company to the account of the official liquidator

of the company.

CALLS.

62. ~very. application to the Judge to make any cal~ on Summons the contributories or any of them • .,for any pUfPOse authorized for call.

17C

THE INDIAN COMPANIES ACT.

Enforcement of call.

by the said Act, shall be made by summons ill. Chambers stating the proposed amount of suoh call; and such summons shalltle served four clear days at the least before the day' appointed for making the call on every contnbutory proposed to be included in such call or if the Judge sh~lI so direct, notice of such intended call may be. given by advertasement or such other public notification as the Judge in his discretion may thi~ sufficient. (Forms Nos. 41,42 and 43.)

63. W~ the omoial li~uidator is authorlze~i1( order to ma'b a call on the, oontributonee Ire shall file in Court a document in Form 45 witl; such variations as circumstances may require makihg the oall.

I

64. The payment of t~ amount due from each oontributory on a call may. be eniorced by" order of the Oourt, 'to be made ru "Chambers on summons by the official liquidator, and may be·~ecuted as if it were a.."decree 10r mone?- (Forms Nos. 46 and 47.)

..

65. When any order for a call has been made, a copy

thereof shall :forthwith be, served upon" each of .the contributories inoludqd in. s~ch call, to~pher with a notice from the official liquidator. s pecrlynig the amount or balance due from such contnbutory, having regard to the provisions of the Act ill respect to such call; but such order need not be advertised unless for afty special reason the

Judge shall so direct. (Forms Nos. 44 and 45.) ...

Document making the call.

Service of order.

PA YMENT IN OF MONEYS AND DEPOSIT OIl SECURITIES.

Bills, etc., . 66. All bills, hundis, notes and other securities payable to t~ be d~P:t- the company or to the official hquidator thereof, shall, unless e 10 a . the Judge otherwise directs, as soon as they shall come to

the hands of such official liquidator, be deposited by -him in the Imperial Bank of India or the ranch thereof nearest to tlte principal place of business of the cqmpany, for the purpose 01 being presented for acceptance and <payment, or for payment only, as the case may ~e.

Calls, etc., 67. All orders for payment of calls," balances or other !~t~e ~!~k. moneys due from any contributory or other person shall direct the same to be Raid into the Imperial Bank of India or the branch thereof as aforesaid, to the account of the official liquidator of the company, unless, on account of the smallness of the amount or other cause, it shall be thought proper to direct payment. thereof to a the official liquidator ; provided

MADRAS HIGH COURT RULES.

171

that where any such order has been made directing payment o-f a specific sum into the Imperial Bank of India or a brancli thereof, as aforesaid, in case it shall b,e ihought proper for the purpose of enabling the official liquidator to issue execu'tion or take other proceedings to enforce the payment thereof, or for any other reason, an order may, either before service of such former order or after the time thereby fixed for payment, be made, without notice, for the ~ment of the same sum to the~ official liquidator.

68. At the time oi, the service of any order for payment Notice a: tOt into the Imperial Bank of India or a branch thereof as aforesaid, ~i.,~~n ,10 0 the official liquidator Shall- give to the party served a notice

to the purport or effect ~t forth in Form No. 48 for the

purpose .{If informing him how the payment is to be made,

and before the time fixdd .for such payment the official

hquxlator shall furnish the ,~ec~etary of the Imperial Bank

of India or the branch thereof, as aforesaid, with a certificate

to the purport or effect set forth in Form ~o. 49 to be

Signed by the cashier of the Bank and delivered to the party

paying in the money therem men.tioned.

69. For the purpose of enforcing lany order for ~~~;:~~ of payment of money into the Imperial Bank of India or a branch ment thereof as aforesaid, all affidavit of the official liquidator to

the purport or eff~ct set forth in Form No. 51, shall be

,§ufficient evidence of non-payment thereof.

70. All moneys, bills, hundis, notes and other securities, TItle of paid and delivered into the Imperial Bank of India or the branch ~~c;~.nt In thereof as aforesaid, shall be placed to the credit or account

of the official liquidator of the company; and orders

for any such payment and delivery ~all direct the same accordingly. (Form No. 22.)

,

DELIVERY OUT (jP SECURITIES AND PAYMENTS OUT Q AND INVE§TlIIENT OF MONEYS.

71. All bills, hundis, notes and other securities delivered Dfelslveryout

. he Imneri 0 ecurrties

into t e mperial Bank of India or a branch thereof as aforesaid, and Pay-

shall be delivered out upon a request SIgned by the official ments out liquidator and such other person, if .any, as the Judge may and Invest direct; and moneys placed to the account of the official ~~~~;! liquidator shall be paid out upon such cheques or order .

signed by the official liquidator and such other person,

if any, as the Judge may direcf (Form:tiD. 22.)

Sanction to bills of exchange, etc.

Investment.

Receipt of dividends.

Meetmgs of creditors or contdbu. toriesNotice.

172

THE INDIAN COMPANIES ACT.

72. The sanction of the Judge to the drawing, accepting, making and endorsing of any bill of exchange, hundi or pro\nissory note by any official liquidator, shall be testified by a memorandum on such bill of exchange, hundi or promissory note signed by the Judge ror by such other person as the .Judge shall direct, (Form No. 57.)

73. Allor any pa.rt of the money for the time being standing ~ the credit of the account of the official liquidatoi at the Imperial Bank of India or a 1>ranch thereof as aforesa!i'.1, and not immediately required for the purposes of winding up may be invested in the purchase of Government securities in the name of the official liqmdator. All investments of moneys in the Imperial Bank of India or a branch thereof as aforesaid shall he made by the Imperial Bank of Indj;J upon a request signed by the official ~qw.d\1tor and countersigned by the Judge or such other person as the.Jl,ldge shall direct, such request shall be suf!iClent authority for debitmg the account with the purchase-mo'nw; and such securities shall be retained by or deposited with the Impenal Bank of India and shall not afterwards be sold or transferred,pt otherwise dealt with except upon a direction for teat purpose signed by tlJ.e official hqmdator, and countersigned by the Judge or such other person as the Judge shall direct or under an order made by the Court. (Form No. 52.)

"

74. Subject to any special order which the Judge rna:;

make, all dividends and mterest to accrue due from any such securities shall from time to time be received by the Imperial Bank of India under a Power of Attorney to be executed by the official liquidator, and placed to the credit of the account of such official liquidator, and when any of such securities shall become payable the same shall be renewed or the principal and interest due thereon be received am! placed to the credit of the account of the official liquidator.

MEETINGS OF CREDITORS (\~ CONTRlBUltoRlES.

75. Where the Court shall direct a meeting of the creditors or contributories of the company to be summoned under section 239 of the Act, or where the official liquidator either of his own motion or at the direction or request of the creditors or contributories under section 183 of the Act, shall summon such a meeting, he shall give notice in writing, seven clear days before the day appointed for such meeting, to every creditor (lr contri!mtory of 'rlhe time and place appointed

MADRAS HIGH COURT RULES.

173

for such meeting, and of the matter upon which the Court desires to ascertain the wishes of the creditors or contributories, or where the Court shall so direct, such notice may ,b~ given by advertisement in the daily papers, in which case the object of the mee~g need not be stated, and it shall not be necessary to insert such advertisemont in the Fort St. George Gazette.

(Form No. 53.) •

76. The direction oj the .fudge for any ineeting of Order as to cfb~htors or contnbutones under section 239 of the Act, and call1tng

h f Ch . f h mee mg.

t e appointment 0 a person to act as airman 0 any sue

meeting shall be obtained by summons in Chambers. In the

case of a meeting summoned by the official liquidator under

section 183 of the Act he, or some one nominated by him,

shall be nChairman. (Form No. 54.)

,

17. The votes of the 9rilditors or contributories of the Votescompany at any meeting summoned by the direction of Chairman's the Court may be given either personally or "by proxy; report.

but no creditor shall appoint a proxy who is 'not a creditor

of the company, whdse debt or claim has been allowed, and

no contributory shall appoint a pro~y who IS not a contributory

of the company. (Form No. 55.) )

The Chairman of a meeting summoned by the direction of the Court shall eeport the result thereof to the Court. ~orm No. 56.)

I

DIRECTION OR S.~N(lTlON OF COURT.

78. Every application for the sanction of the Judge Sanction of to a compromise with any contributory or other person Judge on. indebted to the company shall be supported by the affidavit comprormse, of the official liquidator statmg that he has investigated the

·afiairs of such contributory or person, and believes that the

proposed compromise ;Will be beneficial to the company, and

giving his reesons for su~h belief; and the sanction of the

Judge thereto shall be obtained by summons in Chambers.

(Form of agreement No. 58.) ,

79. The direction or sanction of the Jud~ for any In cases proceeding or act to be taken or done .by the official liquidator under secunder the powers conferred on lnm by section 179 shall (subject bon 179· to the provisions of section 180 of the Aot) be obtained by summons in Chambers and an order shall be drawn up thereout.

unless the Judge shall otherwise direct. (Form No. 59.)

174

THE INDIAN COMPANIES ACT.

PRO:::EDURE IN CERTAIN CASES.

Application 8(})', Every application under sections 104 (3), 207 (viii), to the Court 207 (ix), '212 (2) and 215 of the Act shall be made by petition under sec- or, if the Court shall so direct by summons in Ch~'1ibers, and ~~;~ :1°2;' every a~plication under section 237, of the Act sh'lI be made 215 and 237 by petition.

of the Act.-

Application

how made.

81. When an advertisement is required for any purpate7 except where otherwise directed by these rules, the advertisement shall be inserted once in the Eort St. George Gazette, and in such other newspaper or newspapers, aJld for such number of times as may be directed. The Judge, however, may, in such cases as he shall "think fit, dispense >WIth any advertisement required by tMse rules.

~. ~

FAffil davitsd-- 82. Where an order shall have been made for the winding-

llOgan " . .

office. copies up of any c0rm>any, any person intending to use any affidavit

of affidavits. in any proceeding under such order, shall file the same m

Court, and serve a copy thereof on th'e official hquidator, The person other than the ~ffiClalliquidv;or filing the affidavit shall not be required to taKe -an office-copy thereof, but an office-copy thereof shall be taken by the official liquidator, and he shall produce the same at the hearing of any applicataon or proceeding upon which it is intended to be used unless the Judge shall otherwise direct. ec

Insertion of advertisement.

Register of 83. A registee shall be kept by the Court of all proceedings

Proceedings. in each matter in a book set apart for that purpose.

Provisional. 84:. All the above rules relating to official liquidators ~:~~al hqul· shall, so far as the same are-applioable and subject to the

. directions of the Court or the Judge in each case, apply to provisional liquidators.

...

85. No order to the prejudice 01 contributories or rtreditors shall be made ex parte on tbe application of the official liquidator ; and every persowior the timheing on the list of contributoeies of the company filed in Court by the

official liquidator, and every person having a debt or claim against the company allowed by the Judge shall be at liberty at lns own expense to a~end the proceedings before the J udge, and shall be entitled, upon payment of the costs occasioned thereby, to have notice of all such proceedings as he shall by written request desire to have notice of, but if the Judge shall be of opinion that the attendance of any such person upon

~

Attendance and appear: ance of par. ties.

MADRAS HIGH COURT RULES.

any proceeding has occasioned any additional costs which ought n_ot to be borne by the funds of the company, he may direct such costs, or a gross sum in lieu thereof, to 'pi paid by such ~rson, and such person shall not be entitled to attend any ft'trther proceedings unnl he has paid the same.

86. The Judge may frOm time to time appoint anyone or Appomtment more of the contnbutones or creditors as he thinks fit to °tftrepresenty"

b f hi th f h all a we par .

.J'.fpresent e ore 11n at e expense,o t e company or any

{lTha.~ of the contributories or creditors upon any question as to a compromise with auy 01 the contnbutories or creditors, or III and about any other proceedmgs before him relating to the winding-up of the company, and may remove the person 01' persons so appointed. In.case more than one person shall be so aPBomted, they shall unite m employing the same

attorney or vakil to represenz thew· 0

87 No contributory or crethtor shall be entitled to attend Appearance any proceedings befohre thhe JDudgeturileRss a!ld untie 1 ~e. has I S~dled ~~f~~:l:~n_ an appearance wit t e epu y egistrar, ngma I e. dance

A book to be called. the appearance book shall be kept in . which all such appearances s1all be entered. (Form

No. 60.).J 'i

SERVICE OF SUMMONSES, NOTICES, ETC.

88. Services uPou contributories and creditors shall Service of

"M efiected, except when personal service is required, by summonses, sendmg the notice, or a copy of the petition, summons or nObce~, order or other document, through the post, in a prepaid ~~~-effe:~~: registered letter addressed to the attorney (II vakil of the . party to be served (If any) or otherwise to the party himself,

it a contributory, to his last known address or place of abode,

and if a creditor, to the- address given by him pursuant to the

ioregoing rule 48 and-such notice or copy, petition, summons,

~rder, or other document shall be considered as served.

89. No Brvice wider these rules shall be deemed invalid Name of by resson that any name bther than the surname of the person person (if the said person be a European) or any name incomplete. other than the final name ordinarily used by the person

(being other than a European) on whom service is sought

to be made has been omitted, or designated by initial letters

in the list of contributories or in the petition, summons,

order, notice, or other document, wherein the name of such contributory or creditor is contained, provided the Court

is satisfied that such service IS in -other respects sufficient.

Terrmnation of winding. up proceedings.

176

THE INDIAN COMPANIES ACT.

TERMINATION 01' WINDING-UP.

~ Upon the ,termination of the proceedings for the» winding-up of any company, a balance-sheet shall be brought in by the official liquidator of IDS receipts and p~ments, and verified by his affidavit; and the official liquidator shall pass his final account, and the balance (if arty), due on the final account shall be certified by the Judge; and upon payment by the official liquidator of the ~alance (if any) in such manner ~ the Judge shall direct, the recogrtizances entered mto by.c.:.lre offiCial hquidator and his sureties may be vacated. (Form No. 62.)

.

Dissolution 91. When the official liquidator has passed his final of company. account, and the balance (rf any) due thereon has been

paid in such manner as the Jujge shall direct, ~e official liquidato» s'hall, in case tJhe- company has not been already dissolved, apply to the Judge f01 'an order that the company be dissolved from the date of such order. (Form No. 63.)

92. When the proceedings for winding-up any company have been completed, the ~le of proceedings and the book containmg th~ official liquidator's acoeunt shall be deposited in Court.

Deposit of proceedings in Court.

Notice by liquidator In voluntary wmdmg-up of his appoint. ment.

Times for lihng hquidator's statements, and regulations applicable thereto.

" ,.

93. The liquidator in ~a voluntary winding-up shall, within twenty-one days after his appointment, file with the Registrar of Joint Stock Companies a notice of ~ appointment as required by section 208 (1) of the Act. (Form No. 64.)

94. The statements with respect to the proceedings in and position of the liquidation of a company, the windmg-up of which is not concluded within a year after its commencement, shall be filed with. the Registrar twice in every year as follows ;-

(1) The first statement, commen.cing at the date when a liquidator was fi~t appointeti- and brought down to the end of twelve months from the commencement of the winding-up, shall be filed within thirty days from the expiration of such twelve months; and the subsequent statements shall be filed at intervals of half a year, each statement being brought down to the end of the haH year for which it is filed.

(2) Form No. 65 shaD be used.

MADRAS HIGH COURT RULES.

177

(3) Every statement shall be verified by affida'{It in

Form No. 66. JI'

95. T~ statements required by section 216 of the Act Liquidator's to be laid before the general meetings or a Company, the i~a;~~~:,. voluntary winding up of which continues for more than one Hquidanons, year, shall be in the same form and contain the same

~ p~ticulars as the statements mentioned in rule 94.

DUTIES OF ATTOR~EY OR VAKIL OP OFFICIAL 1IQU.IDATOR.

96. The attorney or vallil of the ollicial liquidator shall Duties of conduct aU such proceedings as are ordinarily conducted by :~:dn~r or attorneys or vakils of the High COlUt~ and where the attendance official

01 Ins ) attorney or vakil is !£Illuired on any proceedings in hquidatcr, Court or Chambers, the official liquidator need not "attend in

person, except in cases where his presence is necessary In

addition to that of his attorney or vakil, or the Court shall

direct hun to attend.'

MISCELLANEOUS.

97. Where an order is made by the judge in Court Taxation of or in Chambers for pllyment of taxed costs, the order shall costs. 'ti.ifect the taxation thereof by the Taxing officer except

In cases where fixed costs in lieu of taxed costs are allow'?i

by the order.

98. The power of the Court or a Judge to enlarge General f or abridge the time for doing any act, or. taking any ~~:..~ 0 proceeding, to adjourn, or review any proceeding and to give

any direction as to th~ course of proceeding, IS unaffected

b,y these rules.

99. All accounts, Jists, notices, and other documents Accounts, directed by tlr.de rules to bt» filed in Court shall be filed in the fitc., to !e office of the Deputy RegIstrar, Original Side of the Court. D~ep~~ e Registrar's office.

100. The Registrar or Deputy, Registrar may, in Deputy respect of proceedings under the Companies Act, exercise Registrar's any of the powers delegated to him by the High Court powers. Rules in respect of proceedings on the Original Side of

the High Court; and in addition thereto m~y exercise the

powers given to a Judge under rules 6, 14, 15, 16, 17, 21,

General practice to apply.

Aflidav:ts.

178

THE INDIAN COMPANIES ACT.

25, 27., 28, 29, 32, ~5, 36, 39, 40, 48, 56, 71, 73, 81 and 90 of these roles,

)

101. In cases not provided for by these Jtules or by rules of procedure laid down In, the Act, the practice and procedure of the> High Court of Justice in England in matters relating to companies shall be followed so far as they are applicable and not ineonasteut with these rules and the Act.

o

102. In all cases in which by law a person may make a solemn affirmation instead of 'an affidavit, the word affidavit ill these .rules shall b~ deemed and) taken to mean a. solemn afflrmation.

APPR.'lDIX.

FOR;~ IN PROCEEDINGS'FOR REDUCTION OF CAPITAL.

No. l.-,Form oj Order. (R.ule ,9.)

[For general heading, see}Tule 1.]

,

Upon the application of the petitioners by swnml?11;Q dated and upon hearing the attorneys or vakils for the petitioners, and on reading the petition filed on the day of preferred unto the HonourabJe the Chief Justice and the Judges of the said High Court. It is ordered, that an inquiry be ,made what are the debts, claims' and liabilitaes of or affecting the said company on the

day of 19, and that notice of the presenta-

tion of the said petition be inserted In ( ,)

on the day of and ( )

and that a list of the persons who are creditors of the company on the said day of!' >. and the affidavit verifying the same be filed in the office' at the Deputy RegIstrar, Original SIde of the said,High Court, on or before

day of

And it is further' ordered that any creditor whose name does not appear in such hst or who claims to be a creditor for a larger amount than that for which he is entered in such list

shall on or before the ..) day of

send in his nane and address and the particulars of his debt or ctaim and the name and address of his attorney or vakil

MADRAS BlGR COURT RULES.

179

~If any) to the attorney or vakil of the company IIDq..It is further ordered that the notice of the day so fixed's last aforementlO~ shall be given in writing by registered post to every creditor whose name appears in such hst snd such

notice shall be inserted in -' • on the

day of and in on the day of

and It is further ordered tbat the attorney or vakil of'tlJ,e company and some competent officer or officers of the

company do on or before tb.e day of

make and file an affidavit statmg the result of such notices and verifying the names and addresses of the persons (If any) who shall have .sent in particulars of their debts and claims in pursuance of such notices' respectively and the amounts of such detts or claims distin.guijlhmg"whlch l{ any 01 ~;\lch debts or claims are wholly or as "to any and what part thereof admitted by the company and which (if any) of such debts and claims are wholly or as to any and what pa~ thereof

admitted by the company. "'

~the Court.

Deputy Regi8trar.

Nto. 2 -(Rule 10.)

[For general heading, see rule 1.]

Notice is hereby given that 'a petition for confirming a resolution reducing the capital of the above company from

Rupees to Rupees was on the

day of presented to the HIgh Court of Judicature

at Madras and is now pendmg ; and that the list of creditors

of the company is to be . made out as for the day of

HI

,AttorneY8 or VakilB to the Company.'

_!.__--

No. 3.-A.ffida'IJ~t oo'l'ijying Li8t oj Cred~t()')'lJ.

(RULE 12.)

[For general heading, see rule 1.]

I, A B, of etc., make oath and say as follows:-

1. The paper writino now p!oduced and.ahown to me, and marked with the letter A, contains a list of the creditsrs

180

THE INDIAN COMPANIES ACT.

of and persons having claims upon the said company on the,

I day of 19 (the date fixed by

order 10 this matter, dated ) t_:7gether With

their respectrve addresses, and the nature ana amount of their respective debts or claims, ~d such list is, to the b~ of my knowledge, information and belief a true and accv4 list of such creditors a~ persons having claims on the day

aforesaid. 0

2. To the best of my knowledge and belief there WaS not at the date aforesaid, any debt or, claim which, if such date were the commencement of the- winding-up of the said company, would be admissible in proof agamst tlle said company other than and except the debts set forth in t1-;e said hst, 1 am enabled to make t!lig ;tatement from facts within my knowledge as the ) of the said company, and from information derived upon investigation of the affairs and the brwks, documents, and papers of the said company.

Sworn, etc. . .

.Li~J oj creditors. rejer'l'ed to ~'n the last [orm,

A:

In the matter, etc. G

This hst of creditors, marked A, was produced and shuwn to A B, and is the same list of creditors as is referred to m

affidavit sworn before me this day of

19

X. Y., etc.

Names, addresses and descrrp- Nature of debt

tiona of the credrtora, or elsam,

Amount of debt or claim.

I'

• No. 4.-(Rule 14.)

(For general head'mg, see rule 1.]

To Mr.

You are sequested to" take notice that a petition has been presented to the High Court of Judicature at Madras, to

MADRAS HIGH COURT RULES.

181

confirm a special resolution of the above company, for reducing itfl capital to Rupees , and that in the list of persons admitted. by the company to have been on the

, day of creditors of the company, your n:;me is entered as it creditor (here Btate the amount oj the debt or nature oj the olaim)~

If you claim to have b~en on the last mentioned day a creditor to a larger amount than is stated above, you must on or before the day of send the p~culars of your claim an.~ the name and address of your attorney or vakil (if any) to the undersigned at

. In default of your so doing the above entry In the list of creditors will, in' ail ,proceedings under the above application to reduce the caplt.al of the company, be treated as correct.

0)

Datelt the day of ~ • 19.

Attorney or Vakil jor the said Oompany .



!\'o. 5.-(Rule 15.)

Q

[For ge;eral heading, see rule 1.,

Notice is hereby given that a petition has been presented . to the High Court o~ Judicature at Madras for confirming ~~ resolution of the above company for reducing its capital from Rupees to Rupees . A list of the persons adnutted' to have been creditors of the company on the day of 19 may be inspected at the offices of the company at

or at the office of " at any time during usual

business hours on payment of the charge of Rupee 1.

Any person who claims to have been on the last mentioned <Thy and still to be a creditor of the company, and who is not entered on the said list ~nd claims to be so entered, must on ~r before the ~ daJ of send in his name and address, and the particulars of • his claim, and the name and address of his attorneys or vakils (if any) to the undersigned at , or in default thereof he will be precluded from objecting to the proposed reduction of capital,

Dated this day of 19 .

A.ttorney or V n"k1'Z 101' the said OO'Yn'nanu"

182

THE INDIAN COMPANIES ACT.

No. 6.-(Rule 16.)

[It'07 genernl headzng, see rule L]

~ .

W~, u D, of etc. (the Secretary or Agentyof the said

company), E F, of etc. (the attorney or vak&-{ of the said company), and A B, of etc. (1J1e Managing Director of the said company) severally make oath and say as follows :-

I, the said C D, fOf myself, say as follows:-

If notice 1. I did on the day )0£ 19 m -1he issued under manner hereinafter mentioned, serve a true copy of the Rule [~. notice now produced and shown to me, and marked B,

upon each of the respective. persons whose names and addresses and descriptions f\ppear in the • first column of the list of creditors, marked A, referred to in the Jlffidavit of

• filed on thl1 0, .. day of 19

2. I served the said cO~les of the said notice uPon the persons ~espectively mentioned in the said hst, by sending such eopiea on the day of by registered post to -the said persons respectively according to their respective addresses as appearing in, the' said list being the last known addresses 'or; places 01' abode of such persons respectively and with the proper postage stamps affixed thereto as prepaid letters into the post-office receiving house at

between the hours of and, of the

clock in the noon of the said day of --?-

and I, the said E F, for myself, say as. follows :-

If notice 3. A true copy of the notice now produced and shown

issued under to me, and marked C, has appeared in the

Rule IS· of the day of 19

of the day I)f 19

, the

, etc.

4. 1 have, in the paper writi~ now produced and

shown to me, and.JIlarked D, set forth a hst of all claims, the particulars of which have been sent in to me pursuant to the said notice B no,,: produced and ·shown w,,!pe by persons claiming to be creditors of tM said company for larger amounts than are stated in the list of creditors, marked A,

referred to in the affidavit of , filed on the

day of 19 .

If notice 5. I have, in the paper writing now produced and ~sied under shown to me, marked E, set forth a list of all claims, the u e IS· particulars of which have been sent Into me pursuant to

Rule 16.

MADRAS HIGH COURT RUI,ES.

183

,

the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the ssid company on the ' day of 19 not appearing on the

, said list of creditors marked A, and who claimed to be Jntered thereon.

'.

And we, C D. and A. B, for ourselves, say as :follows :-

6. We have, in the fi;st part o:f the 'said paper writmg, Rule 16. marked D (now produced and shown to as) and also

in the first part of the said papm' writing, marked E (also pi:;-'duced and shown to '6.8), respectively set forth such

of the said debts and claims as are admitted bv the ssid company to be due wholly or iu part, and ho~ much is admitted to b{' due in respect of such of the same debt» and

claims, respectively, as are nqt wholly admitted.

7. 'W'e have, in the second part o:f each of the said Rule 16. paper writings marked D and E, '!let forth such "of the said

debts· and claims as are ,~olly disputed by the said

company. ~

8. In the' said E1}hibits D and E are :1I"Itiniulshed such of the debts the full amounts wherfof are proposed to be set apart and appropriated in such manner as tjJ.e Judge shall direct. Sworn, etc.

E:thibil D rejerred to in the la~t-m.entioned affidavlt.

D.

In the matter, etc,

• List of debts and Hams of which the particulars have been sent in to by persons claimmg to be creditors of the said company f"r largm:amounts than are stated in list of creditors1B"ade out by the company.

This paper writing, marked D, was produced. and shown to~C D, E F, and A B, respectively. and is the same as IS referred to in their affidavit sworn before me this

day of 19 .

x. Y., etc.

184

THE INDIAN COMPANIES ACT.

First Part.

Debts and claim8 wllolly or partly admitted by the. OompatlY.

,

"\ ~bts proposed
Amollnt ad-
Namos. address- mitted by the be setap~rt
as and descrip- Pa.rticulars of Alllount Company to be and appro'
tion of credi- debt or claim. claimed" prlated in
tors. owmg to credi- full although
. tors • disputed.
,
Rs. a. JIll Rs. a, p.
.
. -------------------------..-~--------.----- -

• . Sec.ol\d ·Part.

Debts and claims wholly diapl.'ted~y the Company .



<0
. Debts proposed to
Names, addresses ·Pa.rticnlars Amount be set a,pdrt and
and deaerrptrcn' 4/10,", ~1a.I~d. approprrated
of elaimaute. ~ claim. 10 fuil.a.lthough
disputed .
.
Rs. a, g. Ezhibit B 1'ejc1"Ied to ~n the laBt affidavit.

E.

In the .matter, etc.

LIst of debts and claims of which the particulars have

been sent in to Mr. by persons claiming to

be creditors of the company and to be entered on the list of the .. creditors made out by the company.

This paper writing, marked E, wa's produced. and shown to C D, E F and A B, respectivJly, and is the same as 18 referred to in their affidavit sworn before me this

day of 19 .

X. Y., etc.

First Part.-Sa1Jie cs ~n Exhibit D. Second Part.-Same as in Exhibit D.

NOTE -The names are to be inserted alphabetically.

MADRAS HIGH COURT RULES.

185

No. 7.-(Rule 17.)

To Mr.

You ~e hereby required to come in and prove the debt claimed by you against the above company, by filing your affidavit, and giving notice thereof to M;r.

the attorney or vakil of the company, on or before the

day of nex.; ; and you are to attend

in person or by your att8rnay or vakil before the Hon'ble Mr. Justice ,lll Chambers at the High Court

of Judicature at Madras, on the day of 19

at o'clock in the ,noon, being the time appointed for hearing aad adjudicatm~ upon the claim, and produce any secuntaes or documents relating to your claim.

'j

In default of your complying with the above directions, you iVill (be precluded from oL'jecting to the proposed reduction of the capital 01 the company) or (in all proceedings relative to the proposed reduction of the cal--~al of the company, be treated as a creditor for such amount only as is set against your name in the list of creditors).

~ ~

Dated this day of 19

[For general heading, see ruie 1.]

Altorney or Vahl [or the sa~d Company.

NO:,8.--(Rule 21.)

.

[For general heading, see rule 1.]

.

• Notice is hereby grven that a petition was presented to the High Court of Judicature at Madras on the

day of·- for) confirmmg a resolution reducing

the capital of the above company from Rupees -

to Rupees and IS directed to be heard

before the said Court on the

day of 19 .

Attorneys or VakilsJor the Company.

186

THE INDIAN COMPANIES ACT.

FORMS IN WINDING-UP PROCEEDINGS •

.No~ 9.-Adveritsement oj Petitwn.

(RULE 27.)

[For general headi'f'IJ, see rule 1.]

.

Notice is hereby given that a petition for the winding-up of the abovenamed company bl the (or subject to the supervision of the) High Court of JudlCature at Ma-lTas was on the day of • 19 presented to the High Court of Judicature at Madras, by the said company (01' A B· of • , a creditor or contributory of the said company, or as thl case may be). And that the said petition IS directed to be heard ~

on the. day of. • • 19; and any creditor or contributory of t&e said company desiroas to oppose th~ making of an order for the winding-up of the said company umIer the above Act, should appear at the time of hearing by himself or his counselor vakil for that purpose; and a copy oi the petitiog WIll be furnished to any creditor or oontributorg of the said company requiring the same, by the undersigned, on payment of the regulated charge for the same.

Attorneys or Vakils Jar the Petitioners. •

No. 10.-Affidavit verijytng Peuuo»:

(RULE 29.)

[For general heading, see r~le 1.]

I, A B of, etc., make oath "(or do s~mn1y affirm)

and say that such of the stateillents in the petition now produced and shown to me, and marked with the letter A, as relate to my own acts and deeds, are true, and such of the said statements as relate to the acts and deeds of anv other person or persons I bslieve to be true.

Sworn, etc.,

or Solemnly affirmed, etc.

MADRAS HIGH COURT RULES.

187

No. n.-Order jor winding up by the Court. (Sections 162 and 170 of the Act.) [For general heading, see fnle 1.]

Upon the petition of the abovenamed company or

A B of, etc., a crecator (or contributory of the above-

named company) on the day of 19

preferred unto the said Court, and upon hearing counsel or vakil for the petitioner, and~ for , and upon reading the said petition, an affidavit (or solemn affirmation) of the said petitioner, filed, etc., verifying the said petitron, and affidavit (or solemn. affirmation of S M) filed the

day of 0 19 " the Fort St. George Gazette

of the day of '} and, the

(enter a.'fY other paper) of t~e day of each con-

taming an advertrsement of tM oaid petition (euter any other evidJnce), this Court doth older that the said

company be wound up by this Court under the provisrons '

oi tbe Inuian Dompames Act, 1\)1?J. cr>

RegMtrar. ~

.,

No. 12.-0rder jor windw.g up. subject to 'Supervision,

(Sections 221 and 222 of the Act.)

)

[For general heading, see rule 1.]

Upon the petition, etc., this Court doth order that the voluntary wmdmg up of the said company be continued, but subject to the, provision of the Court; and any of the Jioceedmgs under the said voluntary winding-up, may be adopted as this Court shall think fit. And the creditors, contributories, and liquidators of the said company, and all other persons-interested, are to be at liberty to apply ~ to a Judge of this Court in Chambers as there may be occasion,

~

No. 13.-Advert1,8ement oj order to w~nd up.

(RULE 32.)

[For general heading, sec rule 1.]

By an order made by the HIOh Court of JudICature at

Madras in the above matter, dated the day of

188

THE INDIAN COMPANIES ACT.

'J

19 ,on the petition of the abovenamed company (or A

B of ) it was ordered that, etc., as in order,)

.

~

Attorneys or valc'lls for the said Petatwn£rs.

&

No. 14.-Aduertisement oj tvme and place fixed jor the

appointment oj officwl liquidator.

\)

(RULE 35.)"

[For general headsmq, see, rule 1.]

Notice is hereby given that 'the Honourable Mr. Justice

has fixed the " day of

19 , at o'clock in th3 nooti, at his

Chambers in "the Court-house of the High Court of Judicature .at Madras, as the time and p~ace for the appointment of .an official liquidator of the abovenamed company.

_, .

Reg~strar.

') 0, •

iNo. 15.-Propoaat for appointment' of official liquulator (and sureties) where Form No. 14 has been issued.

(For general heading, see r~ie 1.]

We, the undersigned contributories of the abovenamed company for the number of shares placed opposite our respective names, hereby propose Mr. R. P. H. of, etc., public accountant, to be the official liquidator of the said company {and H. N. of, etc, and J. P. of, etc., to be his sureties).

Address.

Name

Number of shares hel4 •. ~

MADRAS HIGH COURT RULES.

1S9-

No, 16.-Recognizance oj the oJfioial 'l~quidat01 and 8~ret?'e8.

(RULE 36.)

[For generbl heading, see, rule 1.]

The Honourable Mr. Justice r of and allowed tlns recogmzance."

R. P. H. of, etc, W. B. of, etc., and T. P. of, etc., in theHIgh Court of Judicature at Madras personally appearmg do acknowledge themselves, and every of them doth acknowledge himself to owe the respective sums of money set opposite to there, respective names m the schedule hereto to be paid to the Honourable the C'hz{>f Justzce , , of the) said Court, Ins successo-a In office or assrgnees and m default of payment of the said sums, the said R. P. H., W. B. and T. P. are willing and do agree each for himself, his heirs, executors and admmistrators, by these presents that the said sums shall be" levied, recovered and received of and from them and evel'_Y of them, and of and from them and every of them, and of and from the movable and Immovable properties of them and every of them wheresoever the same shall be found. WItness the day of 19. Whereas in the matder of, etc (take title from order to wind up). the High Court of -Iudicature at Madras has by an order, dated the day of .19, appointed the said R. P. R, official liquidator of the said company. and has thereby directed him to give seounty to be approved of by the said Court, (or ~n case the security precedes the order appointing) has approved of the said R. P. H. as a proper person to be appointed official liquidator of the said company (upon lus gIVIng security). And whereas the said Judge has

• approved of the said W. B. and T. P. to be sureties for the said R. P. H. in the.amounts set opposite to their respective names l_!'_.!;he schedule hereto and has also approved of the sbove-wntten recognizance, with the underwritten condrtion as a proper secunty to be entered into by the said R. P. H. W. B. and T. P., pursuant to the said order and (or pursuant to) the General Order of the said Court III that behalf ~ and in testimony of such approbation . the Honourable Mr. Justice , one of the Judges 0:1 the said Court, hath SIgned an allowance in the margin hereof Now the condition 01 the above-written recogmzance IS such that 1£ 'the said R. P. H. his exec'Utors or administrators or any of -them do and shal1 duly account lor what the said n. P. H~

has approved

!l.90

THE INDIAN COMPANIES ACT.

~ .

shall receive, or become hable to pay, as official liquidator

of the saId company at such periods and in such manner as the said Court shall appomt, and pay the same ai"the said Court hath (by the Said order) directed, or shall hereafter direct, then the above recogmzance ~ to be void, otherwise to remain in full force and virtue.

v

The schedule above '1eJerred to .

..

Rs. •• 1,000 1,000 .~ ·1,000

R.P.H. W.E. T. P.

.,

Taken and acknowledged by "the abovenamed R. P. H.,

eto., etc. • •

No. 17.-Affidamt of Sureties.

(R-eLE 36.).

[For general heading, see rme 1.J

We, W. B. of, etc., and T. P. of, etc., severally make -oath (or solemnly affirm) and say as follows:-

1. I, the said W. B. for myself, say that I am really and truly worth the sum of Rupees of good and lawful money of British India, over and above what is sufficient for the payment of all my just, debts and liabilities.

(2) And I, the said T. P. for myself, say that I am

really and truly worth the sum of Rupees of, etc.

{as above).

Sworn (or solemnly affirmed), etc.

No. lS.-Olller appmnting an offimal liquidator.

(RULE 37.)

[For general head~ng, see rule 1.]

The day of 19 '

Upon the application, etc,', and upon readmg, ete., the Court doth hereby appoint R. P. It. of, e~c., official liquidator

MADRAS HIGH COURT RULES.

191

of the abovenarned company [~j security has not been given and has not b(}(Jn dispensed with add] and it is ordered that the

said R. P.'¥I. do on or before the day of

next give security to be ap~roved of by the Court. And it IS

ordered that the said R. P. H. on the, day of

and day of 19, and

the same days In each succeeding year, file his accounts in the Office of the Registrar, Original SIde of this Court; and It is ordered that all moneys "to be received by the said R. P. H. be paid by him into the Imperial Bank of India (or the branch nearest to the Court in which the ~tter is pending), to the credit fli the account' of the official liquidator of the said comjany, within seven' days after the receipt thereof. (In case two or more official.li~uidators are appointed add.) And the said Court doth declare that the following acts, required PI authorized by the' above Act to be done by the official liquidators may be done by either (or any one or two) of the official liquidators hereby appointed, thhlJ~is to say (describe the acts), and all the other acts so required or authorized to be done by both (01' all) the official liquidators hereby appointed. AUd it is ordered that au office copy of this order be lodged at the Imperial Bank of India or branch thereof as aforesaid.

No. 19.-0rder appointing a provisional o.fftcial l~quidator .

RULES 37, 41 and 84.}

[For General heading, see Rule 1.]

The

day of

19 .

Dpon"the application,' etc., and upon reading, etc., the Court doth hereby appoint R. P. H. of, etc., provisionally, official liquidator of the abovenamed company. (I} SCCU12ty diapenscd with, add without secunty ; or ~} security is to be given, add direction as to secunty , account and payment into the Bank as in jorm No. 18). And the said Court doth hereby limit and restrict the powers 01 the said R. P. H. as such provisional official hquidator to the following acts. that is to say (describe the acts Jwhicn the 1Jj'ov'tSional official liquidator i.~ to be autoorized to do).

192

THE INDIAN COMPANIES ACT.

No. 20.-Sanction' oj /Jppointmertt oj attorney or vahl to

~ ojfici(Jl liquidator a,~d appointment

(See Section 181 of the Act.) [For general heading~ see rule 1.]

The Court sanctions the official liquidator appointing an attorney or vakil to assist him in theperformance of his duties.

Judge.

I hereby appoint

vakIl in this matter, dated this 19 .

tq be my attorney or day of

Official LiquiC,ator.

No. 21.-0rder j01' payment qf ~oney or delivery oj books; etc;

> to the oJficial l1,qu~dator.

(See sqctions 185 and 187 o~ the Act.)

~Fol' gencra{ heading, . see /rule 1.J .....

Upon the applicp.tlOu lof,' etc., and on readmg, etc., it is ordered that A. B. of, etc.~ do WIthin four days after service hereof, pay to (or deliver, convey, surrender or transier to or into the hands of) R. P. B., the official liquidator of the said company, at the office of the said R. P. H, situate at, etc., the sum of Rupees being the amount of debt appearing to be due from the said A. B. on his account with the said company (or any sum or balance, books, papers, estate or effects specifying the property) now being in the hands of the said A. R, and to wluch the said company is prima facie entitled (or otherwise as th; case may be).

No. 22.-Dirootion to open account at. the Imperial Bank oj Imdna: :)

(RULES 37, 61, 66, 67, 70 and 71.) [For general heading, see rule 1.]

To the Secretary and Treasurer of the Imperial Bank of India (or the Agent of the branch of the Imperial Bank of

India at ).

SIR,

An order, dated the day of 19

having been made in the above matter -by the Higb Court of

MADRAS HIGH OOURT RULES.

193

Judicature at. Madras for windin~ up the abovenamed company by the Court, under the provisions of the said

Act, and R. P. H. of hsvmg by order, dated

the ". day of 19, been appointed

the official liquidator of the said company, you are requested to open an account, to beJentitled " The account of the official liquidator of the company" in your books pursuant to the said Act. All cheques drawn upon such account must be signed by the o$cialliquidator, and

and by I ' who has been appointed

by the Judge, whose SIgnatures are attached hereto.

I am, Sir,

...

(Signature), ,

R. "Po H., Official Liquidato,J. G. W.

,

Your most obedient servant,

• •

No. 23.-Advert1.8ement oj appmi/,tment oj Official L~qu~df4tor .

..

,.

(RULE 40.)

[For .general heading, see Rule 1.]

The Honourable Mr. Justice

by an order, dated the day of

appointed R. P. H. of

liquidator of the abovenamed company.

Dated this qay of

has, 19 , to be officral

19 .

,

No. 24.-Advert,aement [or Oreduors.

(RULE 48.)

,I

[For gene'lal heading, see Rule 1.]

The cr~dItors of the abovenamed company are required on or before the day of, 19 to send their names and addresses and the particulars of their debts or claims, and the names and addresses of then attorneys or vakils (if any') to R. P. H. of . tine official liquidator of the company, and if so required by

B, ICA ~

..

194

THE INDIAN COMPANIES ACT.

notice >10 in writing from the official liquidator, or ill person or by their attorneys or.) vakils to come in and prove their said debts or claims, at such time as shall be specified in such notice, or in default thereof they will be excluded Uom the benefit of any distnbution made before such debts

proved. , )

The day of 19, at

o'clock in the noon, at the I'jaid is appointed

for healing and adjudicatwg upon ~he debts and claims.

Dated tlus day of 19 .

)

No. 25.-Ajfidavlt o.f Offictat Liquirlatol as to Debts and Olasm«,

I

)

(30LE 50.)

)

, .

v, [For general heading, see Rule 1.]

I, R. P. H. of etc., tho official liquidator of the abovenamed company, make oath) (or solemnly' affirm) and say as

follows :- .. . '

(1) I have, in the paper. lJwri{ihg.,I].ow~proa~~d and shown to me, and marked with the letter A,' set forth a list of all the debts and claims, the particulars of which) have been sent in to me by persons making claim upon or claiming to be creditors of the said company, pursuant to the advertisement issued. in that behalf, dated the day of 19 , and the names and addresses of the persons by whom such claims are made.

(2) I have investigated the said debts and claims and examined the same with the books and documents of the said company, in order to ascertain, so far as-I am able, which of such debts and claims are justly due from the said company; and I have, in the first part of the said list, set forth such of the said debts and claims or parts 1jJ.ereof, as in c; opinion are justly due :from the said company, and proper to be allowed without further evidence, and I have, in the sixth column of the said first part of the said list, set forth the amount proper to be allowed in respect of such debts and claims, and I believe tliat such amounts, respectively, are justly due and proper to be allowed; and I have in the

• For f?rtn of notice, see Form No. 28.

MADRAS HIGH COURT RULES.

195

seventh 'Column of the said first part of the said list stated my

reasons for such belief. S ,

(3~ have, in the second part of the said list, set forth such of the said debts and claims as in my opinion ought to be proved by the respective creditors.

Sworn (or solemnly affirmed), etc.

No. 26.-Exhib~t rtjerred to in Affidavit in Form No. 25.

A.

[For general 'heading, see Rule 1.]

Tb;s paper writing, ml:lrk~d A, was produced and shown to ~. P. H., and is the sawf as' is referred to in his affidavit, sworn (or solemn affirmation made) before me thJ!5

day of 19

W. B., etc.

List of debts and claims ol which the .. particulars have been sent to the official liquidator.

First Part.

Debts and Olasm« which ought to be allowed without further eoulenee.

Names [Addresses Parti- Amount Beasons fo
Serial of and culars of Amount proper belief that
number. eredi- descrip- deb~8 or claimed. to be amounts ar
tors. t..,ns. claims. allowed. f,roper to
e a.llowed
.
Rs. a.p. Rs, a..p.
... '""'" ,
" r

e

196

THE INDIAN COMPANIES ACT.

Second Part.

j)ebt.9 and ckr.ims which ought to be proved by the

creduors. . '

Addresses ~ Partreulars
Serial Names 'of and of debts or Amount
number. creditors descriptions, claims • claimed.
..

Rs. a. p •

. No. 27.-Not1·ce to Creduors ~j Allowance oj Debt, .

..

SIR, ~

~ ~. .

The debt claimed by Y9u in Flfis m!J-t't~r has beeA allowed by the Judge at the sum of Rupee~ [ij part only. allowed add]; if you claim to have a larger sum allowed, you are hereby required to come in andr prove the further amount claimed, etc., as in the next Eorm.

.) [For general heading, see Rule 1.]

~Place and. date. r

To Mr. P. R.

I aJll, etc., Officwl Liq1J,~dator.

~

No. 28.-Nott'ce to Oreditors to come in and p1'ove their Debts.

(RULE 52,)

r For qenerol. heading, see 'Rule 1.]

J "lilt.

[Place and date.]

SIR,

You are hereby. required to come in and prove the d~bt claimed by you agamst the abovenamed company, by filing your affidavit, and giving notice thereof to me on or before the day of next, and yOU are to attend in person or by your attorney or vakil on the

MADRAS HIGH COURT RULES.

197

day' of 19~ ,at

o'clock in the noon, being the time appointed

for hea~ng ?nd adjudicating upon the claim.

Dated this day of 19 •

Officwl Liq'll,~dator.

To Mr. P. R.

Oreditor.

No. 29.-Affidavit oj Oreditor in prooj oj Debt.

,

CR;ULE 52.)

[For genera' heading, see Rule 1.]

.1, S T of, etc., make oat1,l (~r' solemnly affirm) and say as follows :-

_..

(1) The abovenamed company was on the "

day of 19, the date of the order for winding «p the s~me, 8nd. s~i1l is justly aga. truly ~md.ebted. to me in the sum of Rupees • for, etc ... (describe shortly the nature cd the debt and exhibit any security [or it " and in case oj a trade-debt exhibit vouchers, and verijy the reason-

• ableness oj the charges, as in prov~ng a debt in a sltit.)

.t

(2) I have not, nor hath nor have any person 01' persons

by my order or to my knowledge or belief for my use received the sum of Rupees or any part thereof, or any security or satisfaction for the same or. any part thereof (ij any security add) except the said (describe the secuNty) hereinbefore mentioned or referred. to.

_ , t

Sworn (or solemnly affirmed), etc.

No. 30.-0ertificate by the Judge.f Debts and Claims. ~ULE 55.)

[Fo'l' genC'J'al heading, see rule 1.]

The debts and claims which have been allowed are set forth in the first schedule hereto, and with the interest thereon and costs if allowed mentioned in the'schedule are due to the persons therein named, and amount altogether to Rupees

In the first part of the said sched.~e are set forth such of the said debts and claims as carry interest, and the interest

198

THE INDIAN COMPANIES ACT.

thereon has been computed, after the rate they respectively carry down to (tlw prese'ht date) date of the winding-up.

In the second part of the said schedule are'SN; forjlh such of the debts and claims as do not carry interest.

The claims set forth in the sesond schedule hereto have been brought in by" the persons therein named and have been disallowed.

The first schedule above referred to .



First Part.

Debts and cla~m8 whicn carry interestJ

.

1

On bills change, etc. , Rs.

Rs. ~

of exdated,

'Total amount.

--~-

No.

I Names ofl Addresses and ~es.cr~p-I

creditors. tions. ~ ~

,,-------

Particulars of debts.

J.L

: I Of [addi ess)

I Prin~ipal ... Q

Interest at per cent }Jer annum fr,om 19

to the date of \this cer-

tificate . , ....

Costs of proof

Rs. A. P.

Second Part.

Debt8 and clasms which do not cmry interee: .

.
Names Addresses and Partroulars of Interest
No of descrrptrons .• debts. OD Total due.
creditors . principal
.
Rs, A. 1,:. Rs. A. P Ms. A. P.
Goorls
sold. ~ n~
50 II 0
40 WR Of (address) 2 0 u
principal. ---
Total Rs. 2 0 0
Costs of proof. Add Total, 5i 0 0
--_ ----
----
First part
Total first and
B~cond part. MADRAS HIGH COURT RULES.

199

The seeond. schedule above rejerred to.

I

No. ,ames of credi Addresses and Particulars 0 f Amount
t6rs. deecrtpnons, claims. clanned.
-
) Rs. A. P
.
• I Dated this

19 (Judge).

No. 3h-Notice to Oreditor to attend to receive Debt.



• (RULE 55.)

. ~

[For generallheading, see Rule 1.]

SIR,

Upon application at my office No. Street, Madras,

on or after the instant between the hours of eleven and four o'9lock, you mly receive a cheque for the amount of your debt allowed in this matte! as under t=-

Prmcipal .. Interest .. Costs of prool

Rs.

Tota.l Rs.

If you cannot attend personally, the cheque will be delivered to your order, upon your filling up and signing the subjoined form.

The bills or securities (If 'any) held by you must be produced at the time of such apphcation.

Dated this day of 19

SIR, Please to deliver to W. R. the cheque for Rupees referred to in the above letter as payable to me.

'1cial Liquidator.

Oreditor.

To

Mr. R. p,. B.,

Official LiqUidator of the Oompany.

,

200

THE INDIAN COMPANIES ACT.

'No. 32.-Affidavit in support oj List oj OontributCYfU8. (RULE 56.)

[FO'r general heading, see Rule 1.] ~

I, R. P. H. of ete., .the official liquidator of the abovenamed company, make oath (or solemnly affirm) and say as

follows r-« •

1. The paper writing now produced and shown to me, and marked with the letter A, contains a list of the contributories of the said company, made out by me from the books and papers of the said company, together with thejr respective addresses, and the number of shares (or extent of interest) to be attributed to each; and such is, to the best ~f my knowledge, information and obe1ief, a true and accurate list of the contributories of the said "company, so far as I hltve been able te-make out and ascertain the same.

2. I h~ve, in the first part 'of the said list, marked A, distinguished the Jlersons "Who are confributoriea "in their

own nght, ~ ".. . " .

r- ,.. J" ..

3. I have, in the second part of the said Jist, marked A distinguished the persons who are contributories as being representatives of, or being liable for the dsbts of, others.

Sworn (or solemnly affirmed), etc.

No. 33.-List oj contributories reJerred tq in Form No. 32.

A

[For general heading, ~ee Rule 1.]

This list of contributories, marked A, was produced and shown to R. P. H. and is the same list of contributories as is referred to ill his affidavit. Sworn (01' solemn affirmation

mad~) before me this· day of 19 .

Commissioner.