Substitution in winding-up petitions: substituted creditor or contributory must amend petition and file affidavit, preserving original presentation date. When a Judge substitutes a creditor or contributory as petitioner in a winding up petition, the hearing is adjourned and the petition must be amended as directed. The substituted petitioner must, within seven days of the order, file two clean copies of the amended petition and an affidavit in duplicate stating the grounds supporting the petition. The amended petition is to be treated as the petition for winding up and is deemed to have been presented on the original petition's presentation date.
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 in winding-up petitions: substituted creditor or contributory must amend petition and file affidavit, preserving original presentation date.
When a Judge substitutes a creditor or contributory as petitioner in a winding up petition, the hearing is adjourned and the petition must be amended as directed. The substituted petitioner must, within seven days of the order, file two clean copies of the amended petition and an affidavit in duplicate stating the grounds supporting the petition. The amended petition is to be treated as the petition for winding up and is deemed to have been presented on the original petition's presentation date.
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