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Companies (Court) Rules, 1997

Topic Serial # Content Case Law






1 Short title and commencement
2 Definitions
3 Inherent powers of Court
4 General Heading
5 Petitions generally
6 Language of proceedings
7 Practice and procedure of the Court and provisions of the Code to apply
8 Power of Court to enlarge or abridge time
9 Computation of time
10 Registers to be kept
11 Serial number of proceedings
12 Process to be sealed
13 Inspection and copies of proceedings
14 Forms
15 Affidavits
16 Affidavit verifying petition
17 Enclosures to petition
18 Direction on petition
19 Advertisement of the petition
20 Contents of advertisement
21 Service of petition
22 Notice of petition and time of service
23 Service on company
24 Petitioner to effect service
25 Affidavit of service
26 Procedure on default of compliance as regards advertisement and service of notice
27 Mode of service and service when deemed to be effected
28 Validity of service and of proceedings
29 Notice to be given by persons intending to appear at the hearing of petition
30 List of persons intending to appear to be filed
31 Procedure at hearing of petition
32 Order to be drawn up




33 Petition to cancel variation of rights
34 Petition for rectification of Register of Mortgages etc
35 Applications of Receivers for direction of the Court
36 Petition for rectification of register of members and debenture holders
37 Form of petition
38 Procedure at the hearing
39 Directions where creditors are entitled to object
40 List of creditors
41 Contents of affidavit
42 Inspection of list of creditors
43 Notice to creditors
44 Advertisement of the petition and the list of creditors
45 Affidavit as to result of rules 43 and 44
46 Procedure when claim is not admitted
47 Costs of proof
48 Certificate by the Court as to creditors
49 Hearing of petition
50 Who may appear and oppose
51 Direction of hearing
52 Directions as to advertisement of order and dispensing with the addition of words 'and reduced'
53 Approval of minutes
54 Publication of reasons, reduction, etc
55 Form and Notice
56 Directions at hearing of application
57 Report of result of meeting
58 General directions for holding of meetings
59 Result of resolution of meeting should be decided by poll
60 Petition for confirming compromise or arrangement
61 Date and notice of hearing
62 Order on petition
63 Application for directions under section 287
64 Directions at hearing of application
65 Order under section 287
66 Compromise or arrangement involving reduction of capital
67 Report on working of compromise or arrangement
68 Liberty to apply
69 Petition under section 290
70 Notice to Registrar
71 Order involving reduction of capital or alteration of memorandum
72 Notice to Registrar of Companies
73 Delivery of order and publication thereof
74 Registrar's costs of petition




75 Petition for winding up
76 Admission of petition and directions as to advertisement
77 Copy of petition to be furnished
78 Advertisement of petition
79 Application for leave to withdraw petition
80 Substitution of creditor or contributory for original petitioner
81 Procedure on substitution
82 Affidavit-in-opposition
83 Affidavit in reply
84 Stay of suit or proceeding pending petition
85 Appointment of Provisional Manager
86 Rules applicable to Provisional Manager
87 Notice to official liquidator etc. of order
88 Form of order of winding up, etc
89 Order to be served upon the company
90 Official liquidator
91 Directions on making the winding up order
92 Advertisement of the order
93 Official liquidator to take charge of assets and books and papers of company
94 Form of proceedings after winding up order is made
95 Application for stay of winding up proceedings
96 Joint liquidators
97 Security of Provisional Manager and official liquidator
98 Security how furnished
99 Failure to furnish security
100 Failure to maintain security
101 Security increased or reduced
102 Application for leave to commence, continue or transfer of suit or proceeding
103 Notice to submit statement
104 Application by official liquidator under section 328
105 Preparation of statement of affairs
106 Form of the statement
107 Extension of time for submitting statement
108 Expenses of preparing the statement
109 Officers of company to attend and give information
110 Duty of person making or concurring in statement
111 Default in complying with section 328
112 Liquidator in voluntary winding up or winding up subject to supervision to submit statement
113 Preliminary report by official liquidator
114 Inspection of statement and preliminary report
115 Further Report by official liquidator
116 Consideration of report by Court
117 Summons for directions to be taken out by official liquidator
118 First meeting of creditors and contributories
119 Official liquidator to report results of meetings and apply for directions
120 Application for order not to fill vacancy in Committee
121 Liquidator and members of the Committee dealing with company's assets
122 Committee of Inspection not to make profit
123 Cost of obtaining sanction of Court
124 Order sanctioning payment to Committee
125 Fixing a date for proving debt
126 Notice to creditors
127 Proof of debt
128 Mode of proof and verification thereof
129 Contents of proof
130 Workmen's wages
131 Production of bills of exchange and promissory notes
132 Value of debts
133 Discount
134 Surcharge
135 Periodical payments
136 Proof of debt payable at a future time
137 Examination of proof
138 Official liquidator's right to summon any person in connection with the investigation
139 Oaths
140 Costs of proof
141 Acceptance or rejection of proof to be communicated
142 Appeal by creditor
143 Procedure where creditor appeals
144 Official liquidator not to he personally liable for costs
145 Proof and list of creditors to be filed in Court
146 List of creditors not to be varied
147 Notice of filing the list and inspection of the same
148 Expunging of proof
149 Procedure on failure to prove the debt within the time fixed
150 Right of creditor who has not proved debt before declaration of dividend
151 Payment of subsequent surcharge
152 Provisional list of contributories
153 Notice to be given of date of settlement of list
154 Settlement of the list
155 Certificate of final settlement to be filed in the Court
156 Notice of settlement to contributories
157 Supplemental list of contributories
158 Variation of the list
159 Application by official liquidator for rectification of list
160 Application by contributory to vary the list
161 Official liquidator not to he personally liable for costs
162 List of contributors consisting of past members
163 List of contributors under section 104 (1) (ii)
164 Court meetings liquidators meetings' and 'Voluntary Liquidation meetings'
165 Application of rules to meetings
166 Notice of meeting
167 Place and time of meeting
168 Notice of first or any other meeting to officers of company
169 Proof of notice
170 Costs of calling meetings at the instance of creditor or contributory
171 Chairman of meeting
172 Resolution at creditors' meeting
173 Resolution of contributors meeting
174 Copies of resolutions to be filed
175 Non-receipt of notice by a creditor or contributory
176 Adjournments
177 Quorum
178 Procedure in the absence of quorum
179 When creditor can vote
180 Cases to which creditors may not vote
181 When secured creditor can vote
182 Effect of voting by a secured creditor
183 Procedure when secured creditor votes without surrendering security
184 Admission or rejection of proofs for purposes of voting
185 Minutes of proceedings
186 Report of Court meetings
187 Voting by proxies
188 Form of proxies
189 Proxies to liquidator or chairman
190 Use of proxies by deputy
191 Forms to be sent with notice
192 Proxies to be lodged
193 Holder of proxy not to vote on matter in which he is financially interested
194 Minor not to be appointed proxy
195 Filling in proxy where creditor or contributory is blind or incapable
196 Attendance at proceedings
197 Powers of official liquidator
198 Official liquidator to the in the position of a receiver
199 Company's property to the delivered to official liquidator on requisition
200 Calls by the official liquidator
201 Official liquidator to realize uncalled capital
202 Application for leave to make call
203 Notice of application
204 Order making a call and document making the call
205 Service of notice of call
206 Order for payment of call
207 Other moneys due by contributors
208 Application for examination under section 351
209 Directions at hearing of summons
210 Examination on commission or by interrogatories
211 Service of the summons
212 Conduct of the examination
213 Notes of the deposition
214 Order for public examination under section 352
215 Notice of public examination
216 Adjournment of public examination to Court
217 Procedure for contumacy
218 Notes of examination
219 Application under section 352(7)
220 Default in attending examination under section 351 or 352
221 Prison to which person arrested or warrant is to be taken
222 Execution of warrant of arrest outside ordinary jurisdiction of Court
223 Public examination under section 392
224 Applications under section 412 or 413
225 Directions at preliminary hearing of summons
226 Liberty to apply for further directions
227 Application for disclaimer
228 Preliminary hearing of the summons
229 Claimant to furnish statement of his interest
230 Service of notice
231 Order granting leave to disclaim
232 Disclaimer to be filed in Court
233 Vesting of disclaimed property
234 No claim to be compromised or abandoned without sanction of Court
235 Application for sanction of compromise
236 Sale to be subject to sanction and to confirmation by Court
237 Procedure at sale
238 Expenses of sale
239 Declaration of dividend or return of capital
240 Notice of declaration
241 Authority to pay dividend
242 Transmission of dividends by post
243 Form of order directing return of capital
244 Payment of dividend or return of capital due to a deceased creditor or contributory
245 Official liquidator to apply for dissolution
246 Dissolution of the company
247 Liquidator to pay the balance into public account
248 Conclusion of winding up
249 Application to declare dissolution void
250 Registers and Books to be maintained by the liquidator
251 Bank Account and funds of the Company in-liquidation
252 Bills, cheques and securities to be deposited into bank
253 Payments into bank under section 343
254 Liquidator's Dividend Account
255 Investment of surplus funds
256 Liquidator's remuneration
257 Where the company has no available assets
258 Dividend and interest to be credited
259 Account to be filed
260 Form of Account
261 Nil Account
262 Registrar to send copy of account to the Auditor
263 Audit of the official liquidator's accounts
264 Audit report to be filed
265 Account, auditor's report and official liquidator's explanation to be placed before Judge
266 Legal assistance for the official liquidator
267 Statement by the liquidator under section 430
268 Applicability of rules
269 Declaration of solvency in a member's voluntary winding up
270 Statement to be laid before meeting of creditors under section 368
271 Notice of appointment of liquidator
272 Order for winding up subject to supervision
273 Security by Liquidator appointed by Court
274 Limit of remuneration of liquidator
275 Restriction on purchase of goods by liquidator
276 Office of the liquidator vacated by his insolvency
277 Resignation, removal, etc. of liquidator
278 Books to be kept by the liquidator
279 Notice convening final meeting and the account to be laid before the meeting
280 Consideration by Court of the statements under section 430 and final account in a winding up subject to the supervision of the Court
281 Returns to Registrar of Companies
282 Inspection by creditor or contributory of statements filed by liquidator
283 Audit of the liquidator's account
284 Applications under section 391
285 Statement to accompany payment
286 Cost and expenses payable out of the assets in a winding up by the Court




287 Taxation of costs


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