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RULES

Companies (Court) Rules, 1959

   
  PART I : GENERAL
1. Short title and commencement
2. Interpretation
3. Proceedings to be neat and legible
4. Form of proceedings
5. Language of proceedings
6. Practice and procedure of the Court and provisions of the Code to apply
7. Power of Court to enlarge or abridge time
8. Computation of time
9. Inherent powers of Court
10. Applications how made
11. Petitions
12. Matters to be heard in open Court and in Chambers
13. Registers to be kept
14. Serial number of proceedings
15. Process to be sealed
16. Inspection and copies of proceedings
17. Forms
18. Affidavits
19. Form of Judge's summons and service thereof
20. Issue of summons
21. Affidavit verifying petition
22. Enclosures to petition
23. Summons for directions
24. Advertisement of petition
25. Contents of advertisement
26. Service of petition
27. Notice of petition and time of service
28. Service on company
29. Petitioner to effect service
30. Affidavit of service
31. Procedure on default of compliance as regards advertisement and service of notice
32. Mode of service and service when deemed to be effected
33. Validity of service and of proceedings
34. Notice to be given by persons intending to appear at the hearing of petition
35. List of persons, intending to appear, to be filed
36. Procedure at hearing of petition
37. Order to be drawn up
   
 

PART II : PROCEEDINGS IN MATTERS OTHER THAN WINDING-UP

Confirmation of alteration of memorandum of a company. [Sections 17 to 19]

38. Form of petition under section 17 and Summons for directions
39. Directions at hearing of summons
40. Notice to Registrar of Companies and Central Government
41. Procedure where creditors are entitled to object
42. Order confirming alteration
43. Petition under section 579
  ISSUE OF SHARES AT A DISCOUNT [Section 79]
44. Petition for sanctioning the issue of shares at a discount
45. Order sanctioning issue to be delivered to Registrar of Companies
  REDUCTION OF SHARE CAPITAL [Sections 100 to 105]
46. Form of petition for reduction of share capital and summons for directions
47. Procedure on hearing of summons
48. Directions at the hearing of summons
49. List of creditors
50. Affidavit verifying list of creditors
51. Inspection of list of creditors
52. Notice to creditors
53. Advertisement of petition and list of creditors
54. Affidavit of service
55. Affidavit by company as to the result of rules 52 and 53
56. Procedure where claim is not admitted, and proof of debt
57. Costs of proof
58. Certificate by the Judge as to creditors
59. Hearing of petition
60. Who may appear and oppose
61. Directions at hearing
62. Order on petition
63. Minute
64. Advertisement of reasons for reduction of capital
65. Form of minute and notice of registration
  VARIATION OF RIGHTS OF ANY CLASS OF SHAREHOLDERS [Section 107]
66. Petition to cancel variation of rights
  COMPROMISE OR ARRANGEMENT UNDER SECTIONS 391 TO 394
67. Summons for directions to convene a meeting
68. Service on company
69. Directions at hearing of summons
70. Proxies
71. Application for stay
72. Application to vacate or vary order of stay
73. Notice of meeting
74. Advertisement of the notice of meeting
75. Copy of compromise or arrangement to be furnished by the company
76. Affidavit of service
77. Result of the meeting to be decided by poll
78. Report of the result of the meeting
79. Petition for confirming compromise or arrangement
80. Date and notice of hearing
81. Order on petition
82. Application for directions under section 394
83. Directions at hearing of applications
84. Order under section 394
85. Compromise or arrangement involving reduction of capital
86. Report on working of compromise or arrangement
87. Liberty to apply
  RELIEF IN CASE OF OPPRESSION OR MISMANAGEMENT [Sections 397 to 407]
88. Petition under section 397 or 398
89. Notice to Central Government
90. Order involving reduction of capital or alteration of memorandum
91. Application under section 407(1)(b) for leave to act as managing director, etc
  RESTORATION OF THE NAME OF A COMPANY TO THE REGISTER OF COMPANIES [Section 560(6)]
92. Notice to Registrar of Companies
93. Delivery of order and advertisement thereof
94. Registrar's costs of petition
   
 

PART III : WINDING-UP

Winding-up by Court:

95. Petition for winding-up
96. Admission of petition and directions as to advertisement
97. Petition by a contingent or prospective creditor
98. Copy of petition to be furnished
99. Advertisement of petition
100. Application for leave to withdraw petition
101. Substitution of creditor or contributory for original petitioner
102. Procedure on substitution
103. Affidavit in opposition
104. Affidavit in reply
105. Stay of suit or proceeding pending petition
  PROVISIONAL LIQUIDATOR
106. Appointment of Provisional Liquidator
107. Rules applicable to Provisional Liquidator
108. Costs, etc., of Provisional Liquidator
  WINDING-UP ORDER
109. Notice to Official Liquidator of order
110. Contents of winding-up order and order appointing Provisional Liquidator
111. Order to he sent to Official Liquidator and form of order
112. Directions on making the winding-up order
113. Advertisement of the order
114. Official Liquidator to take charge of assets and books and papers of company
115. Form of proceedings after winding-up order is made
116. Application for stay of winding-up proceedings
  APPLICATIONS UNDER SECTION 446
117. Application for leave to commence or continue suit or proceeding
118. Application for transfer of suit or proceeding
  TRANSFER OF WINDING-UP PROCEEDINGS
119. Application for transfer
120. Transmission of records upon transfer of proceeding
121. Proceedings to be re-numbered
122. Notice to Official Liquidator
123. Official Liquidator of Transferee Court to be Liquidator
  STATEMENT OF AFFAIRS
124. Notice to submit statement
125. Application by Official Liquidator under section 454(2)
126. Preparation of statement of affairs
127. Form of the statement
128. Extension of time for submitting statement
129. Expenses of preparing the statement
130. Officers of company to attend and give information
131. Duty of person making or concurring in statement
132. Default in complying with section 454
133. Dispensing with statement of affairs
134. Liquidator in voluntary winding-up or winding-up subject to supervision, to submit statement
  REPORTS BY OFFICIAL LIQUIDATOR UNDER SECTION 455 AND SUMMONS FOR DIRECTIONS
135. Preliminary report by Official Liquidator
136. Inspection of statement and preliminary report
137. Further report by Official Liquidator
138. Consideration of report by Court
139. Summons for directions to be taken out by Official Liquidator
  COMMITTEE OF INSPECTION
140. First meeting of creditors and contributories
141. Official Liquidator to report result of meeting and apply for directions
142. Application for order not to fill vacancy in Committee
143. Liquidator and members of the Committee dealing with company's assets
144. Committee of Inspection not to make profit
145. Costs of obtaining sanction of Court
146. Order sanctioning payment to Committee
  DEBTS AND CLAIMS AGAINST COMPANY
147. Fixing a date for proving debts
148. Notice to creditors
149. Proof of debt
150. Mode of proof and verification thereof
151. Contents of proof
152. Workmen's wages
153. Production of bills of exchange and promissory notes
154. Value of debts
155. Discount
156. Interest
157. Periodical payments
158. Proof of debt payable at a future time
159. Examination of proof
160. Official Liquidator's right to summon any person in connection with the investigation
161. Oaths
162. Costs of proof
163. Acceptance or rejection of proof to be communicated
164. Appeal by creditor
165. Procedure where creditor appeals
166. Official Liquidator not to be personally liable for costs
167. Proofs and list of creditors to be filed in Court
168. List of creditors not to be varied
169. Notice of filing the list and inspection of the same
170. Procedure in the District Court regarding proof of claims
171. List of proofs and summons for directions
172. Direction at hearing of summons
173. Notice to be given to creditors
174. Settlement of list of creditors
175. Inspection of the list of creditors and the proofs filed
176. Expunging of proof
177. Procedure on failure to prove the debt within the time fixed
178. Right of creditor who has not proved debt before declaration of dividend
179. Payment of subsequent interest
 
 
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