Chapter VI - Proceedings and Procedures - Petition for Winding up, Provisional Liquidator, Winding up Order, and Statement of Affairs, (From Rule 101 to Rule 110)
Chapter VI - Proceedings and Procedures - Meetings of creditors or partners in a winding up by Tribunal and of creditors in a voluntary winding up (From Rule 168 to Rule 190)
Chapter VI - Proceedings and Procedures - Proxies in relation to meetings in winding-up by Tribunal and to meetings of creditors in a voluntary winding-up (From Rule 191 to Rule 200)
Chapter VI - Proceedings and Procedures - Monies due from partners in a winding up by the Tribunal including outstanding contribution, etc. (From Rule 206 to Rule 209)
Chapter VI - Proceedings and Procedures - Examination of person suspected of having property of LLP etc. and examination of partners, designated partners, officers etc., in connection with the fruad etc. (From Rule 210 to Rule 224)
Chapter VI - Proceedings and Procedures - Application against delinquent partners, designated partners and officers of the LLP (From Rule 225 to Rule 234)
Chapter VI - Proceedings and Procedures - Payment of unclaimed distributable sums and undistributed assets into the LLPs liquidation account in a winding up (From Rule 296 to Rule 298)
Rule 107 - Substitution of creditor or partner for original petitioner
Limited Liability Partnership (Winding up and Dissolution) Rules, 2010 Chapter VI Proceedings and Procedures - Petition for Winding up, Provisional Liquidator, Winding up Order, and Statement of Affairs,
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Substitution of petitioner allows a creditor or partner to replace an original petitioner when standing or procedural defaults occur. The Tribunal may substitute as petitioner any creditor or partner who, in its opinion, would have a right to present a winding-up petition and is desirous of presenting it where the original petitioner lacks entitlement, fails procedural advertising or appearance requirements, consents to withdraw or dismissal, does not press the prayer of the petition, or where there is other sufficient cause; substitution is on such terms as the Tribunal thinks just and attracts an additional fee equal to half the original petition fee.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Substitution of petitioner allows a creditor or partner to replace an original petitioner when standing or procedural defaults occur.
The Tribunal may substitute as petitioner any creditor or partner who, in its opinion, would have a right to present a winding-up petition and is desirous of presenting it where the original petitioner lacks entitlement, fails procedural advertising or appearance requirements, consents to withdraw or dismissal, does not press the prayer of the petition, or where there is other sufficient cause; substitution is on such terms as the Tribunal thinks just and attracts an additional fee equal to half the original petition fee.
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