https://www.taxtmi.com/caselaws?id=99322 In proceedings under section 543 of the Companies Act, 1956 moved by judge's summons, the Companies (Court) Rules, 1959 provide a special procedure that differs materially from the Code of Civil Procedure. Rules 260 and 261 contemplate appearance followed, if directed, by points of claim and points of defence, and the relevant forms do not require the applicant to set out facts at the summons stage. Accordingly, Order 8 Rule 1 CPC does not apply, and the respondent was not bound to file a written statement merely on appearance. As no adverse procedural consequence arose from that omission, the ex parte proceedings were not set aside. en-us Tue, 02 Sep 1975 00:00:00 +0530 Wed, 25 Jan 2012 18:42:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99322 In proceedings under section 543 of the Companies Act, 1956 moved by judge's summons, the Companies (Court) Rules, 1959 provide a special procedure that differs materially from the Code of Civil Procedure. Rules 260 and 261 contemplate appearance followed, if directed, by points of claim and points of defence, and the relevant forms do not require the applicant to set out facts at the summons stage. Accordingly, Order 8 Rule 1 CPC does not apply, and the respondent was not bound to file a written statement merely on appearance. As no adverse procedural consequence arose from that omission, the ex parte proceedings were not set aside. Case-Laws Companies Law Tue, 02 Sep 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99322