Substitution of petitioner allows Tribunal to replace original petitioner with creditor or partner, subject to terms and additional fees. The Rule permits the Tribunal to substitute the original petitioner in a winding up petition-where the petitioner is not entitled, fails to advertise within prescribed time, consents to withdraw or allow dismissal, fails to appear or, if present, does not apply for the relief sought, or where other sufficient cause exists-with any creditor or partner who would have a right to present the petition and desires to do so, subject to such terms as the Tribunal thinks just. A substituted petitioner ordered by a member must pay 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 Tribunal to replace original petitioner with creditor or partner, subject to terms and additional fees.
The Rule permits the Tribunal to substitute the original petitioner in a winding up petition-where the petitioner is not entitled, fails to advertise within prescribed time, consents to withdraw or allow dismissal, fails to appear or, if present, does not apply for the relief sought, or where other sufficient cause exists-with any creditor or partner who would have a right to present the petition and desires to do so, subject to such terms as the Tribunal thinks just. A substituted petitioner ordered by a member must pay an additional fee equal to half the original petition fee.
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