TaxTMI 
TaxTMI 
TaxTMI 
Companies (Winding Up) Rules, 2020
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....try" means the Registry of the Tribunal or any of its Benches or of the Appellate Tribunal, as the case may be, which keeps records of the applications and documents relating thereto; (e) "Section" means section of the Act; (f) words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act. Part II WINDING UP BY TRIBUNAL 3. Petition for winding up.- (1) For the purposes of sub-section (1) of section 272, a petition for winding up of a company shall be presented in Form WIN 1 or Form WIN 2, as the case may be, with such variations as the circumstances may require, and shall be presented in triplicate. (2) Every petition shall be verified by an affidavit made by the petitioner or by the petitioners, where there are more than one petitioners, and in case the petition is presented by a body corporate, by the Director, Secretary or any other authorised person thereof, and such affidavit shall be in Form WIN 3. 4. Statement of affairs.- The statement of affairs, as required to be filed under sub-section (4) of section 272 or sub-section (1) of section 274, shall be in Form WIN 4 and shall contain ....
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....ition, or to allow it to be dismissed, or fails to appear in support of his petition when it is called on in Tribunal on the day originally fixed for the hearing thereof, or any day to which the hearing has been adjourned; or (iv) if appearing, does not apply for an order in terms of the prayer of his petition; or, (b) where in the opinion of the Tribunal there is other sufficient cause for an order being made under this rule, the Tribunal may, upon such terms as it may think just, substitute as petitioner any other person who, in the opinion of the Tribunal, would have a right to present a petition, and who is desirous of prosecuting the petition. 10. Procedure on substitution.- Where the Tribunal makes an order substituting a contributory as petitioner in a winding up petition, it shall adjourn the hearing of the petition to a date to be fixed by the Bench and direct such amendments of the petition as may be necessary and such contributory shall, within seven days from the making of the order, amend the petition accordingly, and file two legible and clean copies thereof together with an affidavit in duplicate setting out the grounds, on which he supports the petition and the a....
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....sub-section (1) of section 273 shall also state that it will be the duty of every person, who is in possession of any property, books or papers, cash or any other assets of the company, including the benefits derived therefrom, to surrender forthwith such property, books or papers, cash or other assets and the benefits so derived, as the case may be, to the provisional liquidator. (4) Where an order for the appointment of provisional liquidator or Company Liquidator, as the case may be, has been made, the Registrar shall, as provided in sub section (1) of section 277 within a period not exceeding seven days from the date of passing of the order, send intimation to the Company Liquidator or provisional liquidator in Form WIN 9 by registered post or by speed post or by courier service or by electronic means and a copy of the order for the appointment of provisional liquidator or Company Liquidator, as the case may be, shall also be sent to the Registrar of Companies together with a copy of the petition and the affidavit, if any, filed in support thereof. (5) The provisional liquidator or the Company Liquidator, as the case may be appointed by the Tribunal shall file a declaration i....
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....ll inter-alia contain that it will be the duty of such of the persons as are liable to submit the books of account of the company completed and audited upto the date of the order, to attend on the Company Liquidator at required time and place and give him all the information, and it will be the duty of every person who is in possession of any property, books or papers, cash or any other assets of the company, including the benefits derived therefrom, to surrender forthwith such property, books or papers, cash or other assets and the benefits so derived , as the case may be, to the Company Liquidator. 19. Directions on making winding up order.- At the time of making the winding up order, or at any time thereafter, the Tribunal shall give directions to the petitioner as to the advertisement of the order and the persons, if any, on whom the order shall be served and the persons, if any, to whom notice shall be given of the further proceedings, in the liquidation, and such further directions as may be necessary. 20. Advertisement of order.- Save as otherwise ordered by the Tribunal, the order for the winding up of a company by the Tribunal shall, within fourteen days of the date of t....
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.... 24. Application for leave to commence or continue suit or proceeding.- An application under sub-section (1) of section 279 for leave of the Tribunal to commence or continue any suit or other legal proceeding by or against the company shall be made in Form WIN 15 upon notice to the Company Liquidator and the parties to the suit or proceeding sought to be commenced or continued. REPORTS BY COMPANY LIQUIDATOR UNDER SECTION 281 25. Report by Company Liquidator.- (1) The report to be submitted by the Company Liquidator under sub-section (1) of section 281 shall be in Form WIN 16 with such variations as may be necessary and the Company Liquidator may make further report or reports, if he thinks fit, according to the provisions of sub-section (4) of the said section. (2) It shall be the duty of the promoters, directors, officers, employees and every person who has made or concurred in making of the statement of affairs, if and when required, to attend on the Company Liquidator and answer all such questions as may be put to him, give all such further information as may be required from him, and provide such assistance as may be required by the Company Liquidator. (3) The Tribunal shal....
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....utories mentioned in rule 28, the Company Liquidator shall obtain a date from the Tribunal for settlement of the list of contributories and shall give notice of the date appointed to every person included in such list, stating in such notice in what character and for what number of shares or extent of interest such person is included in the list, the amount called up and the amount paid up in respect of such shares or interest, and informing such person by such notice that if he intends to object to his being settled as a contributory in such character and for such number of shares or interest as mentioned in the list, he should file in Tribunal his affidavit in support of his contention and serve a copy of the same on the Company Liquidator not less than two days before the date fixed for the settlement, and appear before Tribunal on the date appointed for the settlement in person or by authorised representative and such notice shall be in Form WIN 18 , and shall be sent in the mode set out in section 20 so that it reaches the contributories not less than fourteen days before the date fixed for the settlement. (2) The person who posted the notice shall swear by an affidavit....
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.... and in accordance with such order. 34. Application for rectification of list.- If after the settlement of the list of contributories, the Company Liquidator has reason to believe that a contributory who had been included in the provisional list has been improperly or by mistake excluded or omitted from the list of contributories as finally settled or that the character in which or the number of shares or extent of interest for which he has been included in the list as finally settled or any other particular contained therein, requires rectification in any respect, he may, upon notice to the contributory concerned, apply to the Tribunal for such rectification of the list as may be necessary, and the Tribunal may on such application, rectify or vary the list as it may think fit. 35. List of contributories consisting of past members.- It shall not be necessary to settle a list of contributories consisting of the past members of a company, unless so ordered by the Tribunal and where an order is made for settling a list of contributories consisting of the past members of a company, the provisions of these rules shall apply to the settlement of such list in the same manner as they app....
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....ttee, the Company Liquidator shall forthwith summon a meeting of creditors or of contributories, as the case may require, to recommend for filling the vacancy and the meeting may, by resolution, recommend for reappointing the same, or propose for appointing another creditor or contributory, as the case may to fill the vacancy: Provided that if the Company Liquidator, having regard to the position in the winding up, is of the opinion that it is unnecessary for the vacancy to be filled, he may apply to the Tribunal and the Tribunal may make an order that the vacancy shall not be filled, or shall not be filled except in such circumstances as may be specified in the order. (2) The continuing members of the advisory committee, if not less than two, may act notwithstanding any vacancy in the said committee. (3) Where the creditors or contributories, as the case may be, fail to fill the vacancy for whatever reason, the Company Liquidator shall forthwith report such failure to the Tribunal and Tribunal may, by order, fill such vacancy. 39. Company Liquidator and members of advisory committee dealing with company's assets.- Neither the Company Liquidator nor any member of the adviso....
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....ny Liquidator or one-third of the total number of members of the said committee may also call a meeting of that committee as and when they think necessary. (2) The quorum for a meeting of the advisory committee shall be one-third of the total number of the members, or two, whichever is higher. (3) The advisory committee may act by a majority of its members present at a meeting, but shall not act unless a quorum is present. (4) A member of the advisory committee may resign by notice in writing signed by him and delivered to the Company Liquidator. (5) If a member of the advisory committee is adjudged as an insolvent, or compounds or arranges with his creditors, or is absent from five consecutive meetings of the said committee without the leave of those members who, together with himself, represent the creditors or contributories, as the case may be, his office shall become vacant. (6) A member of the advisory committee may be removed, subject to the directions of the Tribunal, at a meeting of creditors if he represents creditors, or at a meeting of contributories if he represents contributories, by an ordinary resolution of which seven days' notice has been given, stating t....
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....ontributories, fourteen days' notice in Form WIN 30 of the time and place appointed for such meeting and the notice may either be delivered by hand or sent by registered post or speed post or by electronic means as may be convenient, and it shall be the duty of every officer who receives notice of such meeting to attend if so required by the Company Liquidator, and if any such officer fails to attend, the Liquidator may report such failure to the Tribunal and the Tribunal may issue such directions to such person as it thinks fit. (2) The Company Liquidator, if he thinks fit, may instead of requiring any of the officers of the company to attend the meeting as aforesaid, require such officer to answer any interrogatories or to furnish in writing any information that he may require for purposes of such meeting, and if such officer fails to answer the interrogatories or furnish such information, the liquidator shall report such failure to the Tribunal and the Tribunal may issue such directions to such officer as it may think fit. 48. Proof of notice.- An affidavit by any person who sent the notice, that such notice has been duly sent, shall be sufficient evidence of the notice ha....
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....eting shall be held at the same place as the original meeting unless in the resolution for adjournment another place is specified or unless the Tribunal otherwise orders. 56. Quorum.- A meeting may not act for any purpose except for adjournment thereof unless there are present or represented thereat in the case of a creditors' meeting at least three creditors entitled to vote or in the case of a meeting of contributories at least three contributories or all the creditors entitled to vote or all the contributories if the number of creditors entitled to vote or the number of contributories, as the case may be does not exceed three. 57 Procedure in absence of quorum.- If, within half an hour from the time appointed for the meeting, a quorum of creditors or contributories, as the case may be, is not present or represented, the meeting shall be adjourned to the same day in the following week at the same time and place and if at such adjourned meeting, the quorum is not present, at least two creditors or contributories present in person shall form the quorum and may transact the business for which the meeting was convened: Provided that if at the adjourned meeting also two cr....
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.... whole debt he shall be deemed to have surrendered his security, unless the Tribunal, on an application by such creditor, is satisfied that the omission to value the security was due to inadvertence. 62. Procedure when secured creditor votes without surrendering security.- The liquidator may within fifteen days from the date of the meeting at which a secured creditor voted on the basis of his valuation of the security, require him to give up the security for the benefit of the creditors generally on payment of the value so estimated by him, and may, if necessary, apply to the Tribunal for an order to compel such creditor to give up the security: Provided that the Tribunal may, for good cause shown, permit the said creditor to correct his valuation before being required to give up the security, upon such terms as to costs as the Tribunal may consider just. 63. Admission or rejection of proof for purposes of voting.- The chairman of the meeting shall have power to admit or reject a proof for the purposes of voting, but his decision shall be subject to appeal to the Tribunal, and if he is in doubt whether a proof shall be admitted or rejected, he shall mark it as objected to and al....
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....Tribunal. 72. Holder of proxy not to vote on matter in which he is financially interested.- No person acting either under a general or special proxy, shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of the assets of the company otherwise than as a creditor ratably with the other creditors of the company. 73. Minor not to be appointed proxy.- No person shall be appointed as a general or special proxy who is a minor. 74. Filling in proxy where creditor or contributory is blind or incapable .-The proxy of a creditor or a contributory who is blind or incapable of writing may be accepted if such creditor or contributory has attached his signature or mark thereto in the presence of a witness who shall add to his signature his description and address: Provided that all insertions in the proxy shall be in the handwriting of the witness and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request and in the presence of the creditor or contributory before he attached his signature or mark. 75. Proxy of person not ac....
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....(h). Securities and Investment Register in Form WIN 38 H; (i). Register of Book Debts and Outstanding's in Form WIN 38 -I; (j). Tenants Ledger in Form WIN 38 J; (k). Suits Register in Form WIN 38 K; (l). Decree Register in Form WIN 38 L; (m). Sales Register in Form WIN 38 M; (n). Register of Claims and Dividends in Form WIN 38 N; (o). Contributories Ledger in Form WIN 38-O; (p). Dividends Paid Register in Form WIN 38 P; (q). Suspense Register in Form WIN 38 Q; (r). Documents Register in Form WIN 38 R; (s). Books Register in Form WIN 38 S; (t). Register of unclaimed dividends and undistributed assets, deposited into the companies liquidation account in the Bank, in Form WIN 38 T, and in maintaining the registers and books mentioned above, the Company Liquidator shall follow the instructions contained in the respective forms provided for the said books and registers. (2) The Company Liquidator shall, in addition to the registers and books referred to in sub-rule (1), maintain such other books as may be necessary for the proper and efficient working of his office such as petty cash register, correspondence register, despatch register, daily register of money orders ....
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....her securities payable to the company or to the Company Liquidator thereof shall, as soon as they come into the hands of the Company Liquidator, be deposited by him with the bank for the purpose of being presented for acceptance and payment or for payment only, as the case may be and the proceeds when realised shall be credited by the bank to the special bank account. 83. Payments into Bank.- Where the Tribunal makes an order directing any person to pay any money due to the company into the special bank account maintained by the Company Liquidator, the person so directed shall, at the time of making the payment, produce to the bank a certified copy of the order or a payment in challan endorsed by the Company Liquidator under his signature and the person making the payment shall give notice thereof to the Company Liquidator and produce before him the bank receipt relating thereto. 84. Company Liquidator's Dividend Account.- The Company Liquidator shall also open a separate dividend account for the company under liquidation with the sanction of the Tribunal, in any scheduled bank, under the name 'the Dividend Account of.............. (name of the company) in liquidation' in....
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....s of winding up, shall be invested in Government securities or in interest bearing deposits in any scheduled bank in the name of the company in liquidation or provisional liquidation represented by Company Liquidator of the company to which the funds belong and such funds so invested shall be monitored regularly by the Company Liquidator and the returns also containing the details of fixed deposit receipts shall be submitted to the Tribunal. (2) Where the fixed deposit has matured, it shall not be automatically renewed but the Company Liquidator shall carry out the due diligence to assess whether a higher rate of interest is available in any other scheduled bank and the said Liquidator shall report the conclusion of such due diligence to the Tribunal, and in the event a higher rate of interest is available in any other scheduled bank, the said Liquidator shall apply for the leave of the Tribunal to invest the surplus funds in such other scheduled bank offering higher rate of interest. 87. Company Liquidator to examine accounts for purposes of investment.- The Company Liquidator shall, at the end of every month, examine account of liquidation to ascertain what moneys are available....
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....han one month from the date of receipt of the copy of the accounts as required under sub-section (3) of section 294: Provided also that the accounts need not be got audited where the transaction during the period is for ten thousand rupees or less. 92. Form of account.- The account shall be a statement of receipts and payments in Form WIN 39 and shall be prepared in accordance with the instructions contained in the said form and three copies thereof shall be filed, and the account shall be verified by an affidavit of the Company Liquidator in Form WIN 40 and the final account shall be in Form WIN 41. 93. Nil account.- Where the Company Liquidator has not, during the period of account, received or paid any sum of money on account of the assets of the company, he shall file an affidavit of no receipts or payments on the date on which he shall have to file his accounts for the period. 94. Registry to send copy of account to auditor.- As soon as the accounts are filed, the Registry shall forward to the auditor one copy thereof for purposes of audit with a requisition in Form WIN 42 requesting that the accounts may be audited and a certificate of audit be submitted to the Tribunal n....
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.... order of winding up, fix a certain day, and give a notice of fourteen days thereof - (i) by advertisement in Form No. WIN 43 in one issue of a daily newspaper in the English language and one issue of a daily newspaper in the regional language widely circulating in the State or Union territory where the registered office is situated concerned to the creditors of the company to prove their debts or claims and to establish any title they may have to priority under section 326 or327, or to be excluded from the benefit of any distribution made before such debts or claims are proved, or, as the case may be, from objecting to such distribution; (ii) by such mode of communication as is permitted under section 20 to every person mentioned in the statement of affairs, as a creditor, who has not proved his debt and to every person mentioned in the statement of affairs as a preferential creditor, whose claim to be a preferential creditor has not been established or is not admitted, or where there is no statement of affairs, to the creditors as ascertained from the books of the company and, to each person who, to the knowledge of the Company Liquidator, claims to be a creditor or....
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....- Where a creditor seeks to prove in respect of a bill of exchange, promissory note or other negotiable instrument or security of a like nature on which the company is liable, such bill of exchange, note, instrument or security shall be produced before the Company Liquidator and be marked by him before the proof is admitted. 106. Value of debts.- The value of all debts and claims against the company shall, as far as is possible, be estimated according to the value thereof at the date of the appointment of the Provisional Liquidator or the order of the winding up of the company, whichever is earlier: Provided that where before the presentation of the petition for winding up, a resolution has been passed by the company for winding up, the date for estimation of debts and claims shall be the date of the passing of such resolution. 107. Discount.- A creditor proving his debt shall deduct therefrom all trade discounts, if any. 108. Interest.- On any debt or certain sum payable at a certain time or otherwise, whereon interest is not reserved or agreed for, and which is overdue at the date of the winding up order, or the resolution, as the case may be, the creditor may prove for inter....
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....d. 112. Company Liquidator's right to call any person in connection with investigation.- The Company Liquidator may call upon any person whom he may deem capable of giving information respecting the debts to be proved in liquidation and may require such person to produce any documents in his custody or power relating to such debts and shall tender with the call such sum as appears to the Company Liquidator sufficient to defray the traveling and other expenses of the person called for attendance and where the person so called fails without lawful excuse to attend or produce any documents in compliance with the call or avoids or evades service, the Company Liquidator may report the same to the Tribunal and apply for appropriate orders, and the Tribunal may pass any order as it may think fit. 113. Affidavit.- For the purpose of his duties, in relation to the admission of proof of debts, where applicable, the Company Liquidator may take affidavits and the Company Liquidator may at his discretion dispense with this requirement and he may also permit the taking of an affidavit or undertaking in lieu of an oath. 114. Costs of proof.- Unless otherwise ordered by the Tribunal, a cred....
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....ing any proof wholly or in part. 119. Proofs and list of creditors to be filed in Tribunal.- The Company Liquidator shall, within thirty days from the date fixed for the submission of proofs under rule 100 or such further time as the Tribunal may allow, file in the Tribunal a list of the creditors, in Form WIN 50, who submitted to him proofs of their claims in pursuance of the advertisement and the notice referred to in rule 100, mentioning the amounts of debt for which they claimed to be creditors, distinguishing in such list the proofs admitted wholly, the proofs admitted or rejected in part, and the proofs wholly rejected, and the proofs, with the memorandum of admission or rejection of the same in whole or in part, as the case may be, endorsed thereon, shall be filed in Tribunal along with the certificate. 120. List of creditors not to be varied.- The list of creditors filed in Tribunal shall be the list of the creditors of the company, and shall not be added to or varied except under the order of the Tribunal and in accordance with such orders and where an order is made adding to or varying the list of creditors, the Company Liquidator shall amend the list in accordance with....
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....e may be, up to the date of the declaration of the final dividend, at a rate not exceeding six per cent. per annum or such other rate as may be decided by the Tribunal, on the admitted amount of the claim, after adjusting against the said amount the dividends declared as on the date of the declaration of each dividend. ATTENDANCE AND APPEARANCE OF CREDITORS AND CONTRIBUTORIES 126. Attendance at proceedings.- (1) Save as otherwise provided by these rules or by an order of the Tribunal, every person for the time being on the list of contributories of the company and every creditor whose debt has been admitted by the Company Liquidator wholly or in part shall be at liberty at his own expense to attend the proceedings before the Tribunal or before the Company Liquidator and shall be entitled upon payment of the costs occasioned thereby to have notice of all such proceedings as he shall, by request in writing addressed to the Company Liquidator, desire to have notice of; but if the Tribunal shall be of opinion that the attendance of any such person has occasioned any additional costs which ought not to be borne by the funds of the company, it may direct such costs or a gross sum ....
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....y, surrender or transfer to or into the hands of the Company Liquidator any money, property or books and papers in his custody or under his control to which the company is or appears to be entitled and where the person so required fails to comply with the notice, the Company Liquidator may apply to the Tribunal for appropriate orders and the notice shall be in Form WIN 51. CALLS IN WINDING UP BY TRIBUNAL 131. Calls by Company Liquidator.- Subject to the provisions of sub-sections (2) of section 465, the Tribunal may by order grant leave to the Company Liquidator to make calls referred to in section 296. 132. Company Liquidator to realise uncalled capital.- Notwithstanding any charge or encumbrance on the uncalled capital of the company, the Company Liquidator shall be entitled to call and realise the uncalled capital of the company and to collect the arrears, if any, due on calls made prior to the winding up, but shall hold all moneys so realised subject to the rights, if any, of the holder of any such charge or encumbrance. 133. Application for leave to make call.- (1) The Company Liquidator shall not make any call without obtaining the leave of the Tribunal for the purpo....
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.... 58 supported by an affidavit in Form WIN 59 and notice of the application together with a copy of the affidavit shall be served on the contributory by registered post or speed post not less than seven days before the date fixed for the hearing of the application, and the order for payment shall be in Form WIN 60. 138. Other moneys due by contributories.- When any money is due to the company from a contributory or from the estate of the person whom he represents, other than moneys due on calls made subsequent to the winding up but including moneys due on calls made prior to the winding up the Company Liquidator may make an application to the Tribunal supported by an affidavit for an order against such contributory for the payment of such moneys and the notice of the application shall be given to such contributory by registered post or speed post not less than seven days prior to the date fixed for the hearing of the application. EXAMINATION UNDER SECTIONS 299 AND 300 139. Application for examination under section 299.- (1) An application for the examination of a person under section 299 may be made ex-parte, provided that where the application is made by any person other th....
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....son shall be entitled to take part in an examination under section 299 except the Company Liquidator and his authorised representative, but any person examined shall be entitled to have the assistance of his authorised representative, who may re-examine the witness : Provided that the Tribunal may permit, if it thinks fit, any creditor or contributory to attend the examination subject to such conditions as it may impose. (3) Notes of the examination may be permitted to be taken by the witness or any person on his behalf on his giving an undertaking to the Tribunal that such notes shall be used only for the purpose of the re-examination of the witness and on the conclusion of the examination, the notes shall, unless otherwise directed by the Tribunal, be handed over to the Tribunal for destruction. 143. Notes of deposition.- (1) The notes of the deposition of a person examined under section 299 shall be signed by such person and shall be lodged in the office of the Registry, but the notes shall not be open to the inspection of any creditor, contributory or other person, except the Company Liquidator, nor shall a copy thereof or extract therefrom be supplied to any person other th....
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....e Tribunal and submit his report to the Tribunal, and the Tribunal may thereupon hold the examination itself or pass such orders as it may think fit. 147. Procedure for contumacy.- (1) If a person examined before the person or authority appointed by the Tribunal refuses to answer to the satisfaction of such the person or authority any question which he may put or allow to be put, such the person or authority shall forthwith report such refusal to the Tribunal and upon such report being made, the person in default shall be in the same position and be dealt with in the same manner as if he had made default in answering before the Tribunal. (2) The report shall be in writing and shall set forth the question or questions put and the answer or answers given, if any, by the person examined, and the person or authority shall notify the person examined of the date when he should attend before the Tribunal, and the report shall be in Form WIN 67 and upon receiving the report, the Tribunal may take such action thereon as it may think fit. 148. Notes of examination. -The notes of every examination shall, after being signed as required by sub-section (7) of section 300, form part of the rec....
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....and shall cause the arrest to be made by its own officers or by a Court subordinate to it and the concerned police officers shall aid and assist within their respective jurisdiction in the execution of such warrant. (2) The Court making the arrest shall send the contributory arrested in proper custody to the Tribunal by which the warrant of arrest was originally issued, unless he furnishes the required security to the satisfaction of the Court for his appearance before the Tribunal, in which case the Court shall release him on such security and inform the Tribunal by which the warrant of arrest was originally issued. APPLICATION AGAINST DELINQUENT DIRECTORS, PROMOTERS AND OFFICERS OF THE COMPANY 153. Application under section 339 or section 340.- An application under sub-section (1) of section 339 or under sub-section (1) of section 340, shall be made by a summons returnable in the first instance in chambers and the summons shall state the nature of the declaration or order for which the application is made, and the grounds of the application, and shall be served on every person against whom an order is sought not less than seven days before the day named in the summons for the....
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.... the application should be served, and the Tribunal shall thereupon fix a date for the hearing of the application and give such directions as may be necessary as to the persons on whom notice of the application should be served. 158. Claimant to furnish statement of his interest. -Where a person claims to be interested in any part of the property of the company which the Company Liquidator wishes to disclaim, such person shall, if so required by the liquidator, furnish a statement of the interest claimed by him. 159. Service of notice. - Notice of the date fixed for the hearing of the application referred to in rule 156 shall be in Form WIN 83 and shall be served not less than seven days before the date fixed for the hearing, together with a copy of the application and of the affidavit filed in support thereof, and the notice shall require that any affidavit-in-opposition to the application shall be filed in Tribunal and a copy thereof served on the Company Liquidator not later than two days before the date fixed for the hearing. 160. Order granting leave to disclaim. -On the hearing of the application referred to in rule 156, the Tribunal may after hearing the Company Liquidato....
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.... in the opinion of the Tribunal, may be entitled thereto, and excluding such under-lessee, mortgagee or holder of charge, from all interest in or security upon the property. (2) An order requiring parties interested in a disclaimed lease to apply for a vesting order or to be excluded from all interest in the lease shall be in Form WIN 87, and an order vesting lease and excluding persons who have not elected to apply, shall be in Form WIN 88. COMPROMISE OR ABANDONMENT OF CLAIMS 163. No claim to be compromised or abandoned without sanction of Tribunal. -In a winding up by the Tribunal, no claim by the company against any person shall be compromised or abandoned by the Company Liquidator without the sanction of the Tribunal upon notice to such person as the Tribunal may direct. 164. Application for sanction of compromise. -Every application for sanction of a compromise or arrangement referred to in clauses (ii) and (iii) of sub- section (1) of section 343 shall be accompanied by a copy of the proposed compromise or arrangement and shall be supported by an affidavit of the Company Liquidator, along with final report of the Advisory committee, stating that for the reasons set o....
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.... 91. 171. Transmission of dividends, etc. by post. -Dividends and returns of capital may, at the request and risk and cost of the person to whom they are payable, be transmitted to him by money order, or to his bank account through electronic means as may be appropriate. 172. Form of order directing return of capital. -Every order by which the Company Liquidator is authorised to make a return to contributories of the company, shall, unless the Tribunal otherwise directs, contain or have appended thereto a schedule or list (which the Company Liquidator shall prepare) setting out in a tabular form the full names and addresses of the persons to whom the return is to be paid, and the amount of money payable to each person, and particulars of the transfers of shares (if any) which have been made or the variations in the list of contributories which have arisen since the date of the settlement of the list and such other information as may be necessary to enable the return to be made and the schedule or list shall be in Form WIN 92 with such variations as circumstances shall require and the Company Liquidator shall send a notice of return to each contributory by registered or speed post....
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....ts refundable to contributories in his hands on the date of the order of dissolution, and such other balance in his hands as he has been directed by the Tribunal to deposit into the Company Liquidation Dividend and Undistributed Assets Account and every order of dissolution shall direct that the Company Liquidator shall forward a certified copy of the order to the Registrar of Companies not later than seven days from the date of the order, and along with the copy of the order shall be filed with the Registrar of Companies, a statement signed by the Company Liquidator that the directions of the Tribunal regarding the application of the balance as per his final account have been duly complied with. 177. Conclusion of winding up. - The winding up of a company shall, for purposes of section 302, be deemed to be concluded at the date on which the order dissolving the company has been reported by the Company Liquidator to the Registrar of Companies unless any fund or assets of the company remaining unclaimed or undistributed in the hands or under the control of the Company Liquidator, have been distributed, or paid into the Company Liquidation Dividend and Undistributed Assets Account a....
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....in a winding up by Tribunal. - (1) The assets of a company in a winding up by the Tribunal remaining after payment of the fees and expenses properly incurred in preserving, realising or getting in the assets shall, subject to any order of the Tribunal and to the rights of secured creditors if any, be liable to the following payments which shall be made in the following order of priority, namely :- First- the taxed costs of the petition including the taxed costs of any person appearing on the petition, whose costs are allowed by the Tribunal; Next-the costs and expenses of any person who makes, or concurs in making, the company's statement of affairs; Next-the necessary disbursements of the Company Liquidator other than expenses properly incurred in preserving, realising or getting in the properties of the company; Next-the cost of any person properly employed by the Company Liquidators; Next-the cost, charges and expenses incurred by the liquidator; Next-the actual out of pocket expenses necessarily incurred by the members of the advisory committee, and sanctioned by the Tribunal. (2) Save as otherwise ordered by the Tribunal, no payments in respect of bills of authorise....
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....a proceeding is compromised prior to its being set down for hearing, the fees to be allowed to authorised representatives of the parties shall be as decided by the Tribunal having regard to the nature and complexity of the case. 187. Costs of parties having common interest.- (1) Where two or more petitions or applications raise a common issue and are heard together and decided by a common judgment, unless the Tribunal otherwise orders, only one set of costs shall be allowed to all the parties together in the said petitions or applications who have a common interest. (2) Where different parties in the same proceeding have a common interest, only one set of fees shall be allowed to all of them together, though they may be represented by different authorised representatives, unless the Tribunal otherwise orders. 188. Tribunal's power to fix a fee. - (1) Nothing in these rules shall be deemed to prevent the Tribunal from fixing a fee for any matter if in any particular case the Tribunal considers it necessary to do so in the interest of justice. (2) In any case where the contest has not been of a substantial nature, the Tribunal may direct that the costs shall be on the unconte....
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....ns as directed by the Central Government. PART VI. MISCELLANEOUS 191. Inspection of file. - (1) Every duly authorised officer of the Central Government and, save as otherwise provided by these rules, every person who has been a director or officer of a company which is being woundup, shall be entitled, free of charge, at all reasonable times to inspect the file of proceedings of the liquidation, and to take copies or extracts from any document therein on payment at the rate of five rupees per page, to be furnished with such copies or extracts. (2) Save as otherwise provided by these rules, every contributory and every creditor, whose claim or proof has been admitted, shall be entitled, at all reasonable times to inspect the file of proceedings on payment of one hundred rupees and to be furnished with copies and extracts from any document therein at the rate of five rupees per page. [F. No. 01/30/2013-CL-V Pt-III] K.V.R. MURTY, Jt. Secy. ============= Document 1 152 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] it shall be read as Central Government and with further directions issued by the Central Government as may be necessary, from time to time. (5) The Offi....
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....ive Shri at.... 2. The company above named, viz.,... ...(hereinafter referred to as 'the company') was incorporated in Γ’ΛΒ as a public (private) company limited the month of 19./20..., under the (Companies Act, by shares/limited by guarantee/as an unlimited company. 3. The registered office of the company is situated at............. 4. The nominal capital of the company is Rs...divided into... ..shares of Rs. each. The amount of capital paid up or credited as paid-up is Rs... (or as the case may be.) 5. The objects for which the company was incorporated are (herein set out the main objects) and any matter considered necessary for furtherance thereof set forth in the memorandum of association thereof. 6,7,8, etc. [Here set out in numbered paragraphs, as may be necessary, the facts on which the petitioner relies in support of the petition. Where the petitioner is a contributory, the petition should state whether the conditions of sub-section (2) of section 272 are satisfied. Where the petition is presented by the Registrar of Companies or by a person authorised by the Central Government, the order of sanction or authorisation of the Central Government should be ann....
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....ling the meeting in which resolution is passed. 1. 2. Copy of resolution passed. 3. Copy of statement of affairs. Petitioner 153 154 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] FORM WIN 3 [See rule 3(2)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF--------LTD (give the name of the company) (Company incorporated under Companies Act, Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦.) Petition No........of 20..... .Petitioner Affidavit verifying petition 1. I, A.B., son of follows:- (Note. To be filled in by the petitioner other than a company) 1 I am a director/secretary/. ../ of aged residing at ..do hereby solemnly affirm and state as ..Ltd., the petitioner in the above matter and am duly authorised by the said petitioner to make this affidavit on its behalf. [Note- To be filled in cases where the petitioner is the company.) 2 The statements made in paragraphs of the petition herein now shown to me and marked with letter 'A', are true to my knowledge, and the statements made in paragraphs based on information, and I believe them to be true. are Solemnly affirmed at on this day of. .20...... Deponent FORM WIN 4 [See rule 4] ....
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....] Estimated surplus from assets specifically pledged Estimated total assets available for preferential creditors, debenture-holders secured by a floating charge, and unsecured creditors (brought forward) Summary of Gross Assets Rs. Gross realisable value of assets specifically pledged Other assets ... Gross Assets Rs. Rs. *Note: All assets specifically mortgaged, pledged or otherwise, given as security should be included under this head. In the case of goods given as security, those in possession of the company and those not in possession should be separately set out. (e) Gross Liabilities Estimated total assets available for preferential creditors, debenture-holders secured by a floating charge, and unsecured creditors (brought forward). Rs. Liabilities (to be deducted from surplus or added to deficiency as the case may be.) Secured creditors (as per List 'B') to extent to which claims are estimated to be covered by assets specifically pledged [item (a) or (b) on preceding page, whichever is the less] [Insert in 'Gross Liabilities' column only] Preferential creditors (as per List 'C')... Estimated balance of assets available for debenture-holders secur....
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....tock, Vehicles, etc. Other Property, viz., Dated .20 SCHEDULE I BILLS OF EXCHANGE, PROMISSORY NOTES, ETC., ON HAND AVAILABLE AS ASSETS Statement of Affairs: Schedule I to List 'A' The names to be arranged in alphabetical order and numbered consecutively. No. Name of Acceptor Address, etc. Of bill or note Amount of Date when due Estimated to bill or note Particulars of any property produce held as security for payment of bill or note Signature: Rs. Rs. Dated .20 [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ SCHEDULE II TRADE DEBTORS Statement of Affairs: Schedule II to List 'A' The names to be arranged in alphabetical order and numbered consecutively. Note: If the debtor to the company is also a creditor, but for a less amount than his indebtedness, the gross amount due to the company and the amount of the contra account should be shown in the third column, and the balance only be inserted under the heading 'Amount of debt' thus : Rs. Due to the Company Less Contra Account No such claim should be included in the Li....
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....on Balance Esimated of debt surplus unsecured from carried to security. list "E" Rs Rs Rs Rs Dated .20.. *All assets specifically mortgaged, pledged, or otherwise given as security should be set out: goods given as security but in possession of the company and goods not in possession should be separately set out. LIST 'C' - PREFERENTIAL CREDITORS FOR RATES, TAXES, SALARIES, WAGES AND OTHERWISE THE NAMES TO BE ARRANGED IN ALPHABETICAL ORDER AND NUMBERED CONSECUTIVELY Statement of Affairs: List 'C' No Name of creditor Address and occupation Nature Period of during claim which Date when due Amount of claim Amount payable in full Amount payable as overriding claim accrued preferential payments due Signature: Rs. Rs. Balance not preferential carried to list 'E' Rs. Dated 20 .. 161 162 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] LIST 'D' LIST OF DEBENTURE HOLDERS SECURED BY A FLOATING CHARGE The names to be arranged in alphabetical order and numbered consecutively Separate Lists must be furnished of holders of each issue of Debentures, should more than one issue have been made. No. Signature: Statement of Aff....
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....ess the Tribunal otherwise agrees. Items contributing to deficiency (or reducing surplus):- 1. Excess (if any) of Capital and Liabilities over Assets on the.. 20...... as shown by balance-sheet (copy annexed) ..... 2. Net dividends and bonuses declared during the period from 20......to the date of the statement. Rs. 164 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] 3. Net trading losses(after charging items shown in note below) for the same period. 4. 5. 6. Losses other than trading losses written off or for which provisi- on has been made in the books during the same period (give- particulars or annex schedule) Estimated losses now written off or for which provisions have been made for the purpose of preparing the statement (give par- ticulars or annex schedule). Other items contributing to Deficiency or reducing Surplus...... Items reducing Deficiency (or Contributing to Surplus):- 7. 8. 9. Excess (if any) of assets over capital and liabilities on the 20.....as shown on the Balance Sheet (copy annexed). Net trading profits (after charging items shown in note below) for the period from the.......20....to the date of statement. Profits and....
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....t I/we have perused the statement of affairs lodged herein by.....and that to the best of my/our information, knowledge and belief, such statement contains a full and accurate account of the company's affairs [except as stated below]. 165 166 THE GAZETTE OF INDIA: EXTRAORDINARY [Here state, if necessary, in what respects, if any, the statement of affairs is not concurred in.] Solemnly affirmed etc. Commissioner for Oaths [PART II SEC. 3(i)] Signature of deponent FORM WIN 6 [See rule 7] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT.Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦.. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦.) Petition No........of 20..... Petitioner Advertisement of petition Notice is hereby given that a petition for the winding up of the above-named company by the Tribunal atΓ’β¬Β¦ was on the day of... 20 presented to the said Tribunal by the said company [or. where the petition was not presented by the company, state the name and address of the petitioner and the capacity in which he presents the petition e.g., contributory....
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....ion, the grounds of opposition or a copy of affidavit should be furnished with the notice. A copy of the application is enclosed herewith* Dated..... (Sd)... Name (Representative for applicant) [This notice should be served on or before the...day of..........20...] FORM WIN 8 [See rule 14(2)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, Petition No........of 20..... .Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦.) Dated .Petitioner Company Application No 20 Applicant. Before the Hon'ble Mr. Order appointing provisional liquidator Upon the application of and upon hearing Shri.........., representative for the applicant, and Shri .(name, designation, postal address, email id, land line phone number or mobile phone number) representative for the company and upon reading the petition and affidavit filed the day of... 20....., and the affidavit of the applicant herein filed the ....day of... .20 .... This Tribunal doth appoint the Shri above-named company; resident of to be provisional liquidator of the And the Trib....
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....ed under Companies Act, Petition No........ of 20..... .Petitioner Disclosure of interest or lack of independence by provisional liquidator or by Company Liquidator To Registrar/Deputy Registrar Disclosure is hereby given that I,. ..appointed as the provisional liquidator or company liquidator of the above mentioned company by an order dated the Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦..day of .... 20, have no interest in the above named company and, am in no way so concerned with the company to affect my independence in the discharge of my duties as provisional liquidator or Company Liquidator of the said company. [I have the following interests in the above named company which may affect my independence in discharge of my duties as the provisional liquidator or Company Liquidator of the said company (set out the interest)] [Γ Β€Βà €¾à €β IIΓ’β¬βΓ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ Dated this day of .20 or Company Liquidator FORM WIN 11 (Sd.)Provisional Liquidator [See rule 17(1)] BEFORE THE NATIONAL COMPANY LAW TRIBUNA....
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....(3) to attend on the Company Liquidator at such time and place as he may appoint and to give him all information he may require. 2. It will be the duty of every person who is in possession of any property, books or paper, cash or any other assets of the company including the benefits derived therefrom, such person shall forth with surrender such property, books, papers, etc. FORM WIN 12 [See rule 17(1)] 169 170 THE GAZETTE OF INDIA: EXTRAORDINARY BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦..) Petition No........of 20..... [PART II SEC. 3(i)] ..Petitioner ΓΒ€ΓΒΏ The Company Liquidator, .Name .(Address) Notice to Company Liquidator of winding up order Order pronounced this day by the Hon'ble Mr. company under the Companies Act, 2013 1. Name of company: 2. Registered office of the company: 3. Petitioner's representative: 4. Date of presentation of petition: for winding up the under-mentioned A copy each of the petition and the affidavit filed in support is herewith enclosed. Dated....... Tribunal. *Strike out, where....
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.... .20...it was ordered that the above-named company be wound-up under the provisions of the Companies Act, 2013. Dated............. Representative for the Petitioner FORM WIN 15 [See rule 24] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,.....) Company Petition No Application No... of 20..... ..of 20..... .-Applicant Application for leave to commence or continue any suit or proceeding under section 279(1) of the Companies Act, 2013 The application of (full name, description, occupation and address of applicant) showeth:- 1. The address of the applicant/his representative for the service of all notices, processes etc., is Shri...... .at. 2. The company named, viz, ......(hereinafter referred to as 'the company') was incorporated in the month of 19./20....., under the (Companies Act, as a public (private) company limited by shares/limited by guarantee/as an unlimited company. 3. The registered office of the company is situated at..... 4. The nominal capital of the company is Rs..........divided into.........shares of Rs........each. The amount of capital p....
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....rty, if any, owned by the company (9) Other assets Assets specifically pledged: RS... [Γ Β€Βà €¾à €β IIΓ’β¬βΓ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ (I) Assets held by fully secured creditors (give particulars) (2) Assets held by partly secured creditors (give particulars) 3. Liabilities: The liabilities of the company are returned as amounting to Rs. following:- (1) Fully secured creditors (2) Partly secured creditors (3) Preferential creditors (4) Debenture holders (5) Unsecured creditors 4. Details of subsisting contracts, joint venture and collaboration, if any. 5. Details of holding and subsidiary companies, if any. 6. Details of legal cases filed by or against the company, if any. 7. Causes of failure: The company was formed to carry on the business of ......... The failure of the company is in the opinion of the company Liquidator due to RS... RS... and include the Rs Rs Rs Rs Rs 8. Any other information which Tribunal may direct or Company Liquidator may consider necessary to include. 9. The manner in which the company....
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....n at my office, to settle the list of contributories of the above named company which has been made out by me, pursuant to the Companies Act, 2013 and the rules made thereunder, and that you are included in such list. The character and the number of shares [or extent of interest] in and for which you are included, and the amount called up and the amount paid up in respect of such shares [or interest] are stated below. If no sufficient cause is shown by you to the contrary at the time and place aforesaid, the list will be settled including you therein as set forth in the said list. No.of Name & Address In what No. of Amount called up at Amount paid up [Γ Β€Βà €¾à €β IIΓ’β¬βΓ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ 175 list Description character included shares or extent of date of at date of commencement of commencement interest winding up of winding up 1 2 3 4 5 6 7 Dated this. ..day of .20.... (Sd.) Company Liquidator Notes: 1. Contributories are under no obligation to attend before the Company Liquidator if they....
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....f 20...., so far as the said list has been settled up to the date of this certificate, is as follows:- 1. The several persons whose names are set forth in the second column of the First Schedule hereto have been included in the said list of contributories as contributories of the said company in respect of the number of shares [or extent of interest] set opposite the names of such contributories respectively in the said Schedule. 2. In the first part of the said Schedule are set forth such of the said several persons as are contributories in their own right. 3. In the second part of the said Schedule are set forth such of the said several persons as are contributories as being representatives of or liable for the debts of others. 4. The several persons whose names are set forth in the second column of Second Schedule hereto, were included in the provisional list of contributories, and have been excluded from the said list of contributories. 5. In the fifth column of the first part and the sixth column of the second part of the First Schedule, and in the sixth column of the Second Schedule, are set forth, opposite the name of each of the several persons respectively, th....
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....mount called up and the amount paid up in respect of such share [or interest] are stated below. Any application by you to vary the said list of contributories or that your name may be excluded therefrom, must be made by you to the Tribunal within fifteen days from the date of service on you of this notice. Any application made after the expiry of the said period will not be entertained. 177 178 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] The said list may be inspected by you at the office of the Registrar of the National Company Law Tribunal, on any day during office hours. Dated this day of .. 20..... (Sd.) Company Liquidator No. List Name and Address In what No. of shares Amount Amount paid Description character included or extent of called up at up at date of interest date of commencement commence of winding up ment winding up of 2 3 4 5 6 7 Company Liquidator I, FORM WIN 22 [See rule 31(2)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT.... IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, Petition No........of 20..... ..Petitioner Affidavit of service of notice....
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....aid meetings :- 1. A meeting of the creditors of the above-named company was summoned by advertisement in (here enter the newspaper or newspapers) of the date(s) of 20 at........ I was the chairman of the said meeting. 20., and was held on the day 2. The said meeting was attended either personally or by proxy by creditors whose proofs of debt against the said company were admitted for voting purposes, amounting in the whole to the value of Rs ... . 3. The question submitted to the said meeting of creditors was, they wished that a advisory committee shall be appointed to act with the Company Liquidator and so, who are to be the members of the advisory committee. 4. At the said meeting it was resolved unanimously (or as a result of the voting set out below) that there should be advisory committee consisting of following members:- (Here set out the names of members) [or the result of the voting on the said proposition was as set out below] .20 5. A meeting of the contributories of the above-named company was summoned by advertisement in (here enter the newspaper or newspapers) of the date(s) and was held on the day of 20, at....for the purpose of considering the afo....
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....rs and contributories under section 287(3) Notice is hereby given that - ..... (1) A meeting of the creditors of the above-named company will be held at.. ... (place) on ..... day, the day of... .20.... at.. o'clock in the noon, to determine as to who are to be the members of the advisory committee. ... ..... Note :To entitle a creditor to vote at the meeting of creditors aforesaid, his proof must be lodged with the Company Liquidator not later than o'clock in the ..... noon. on the day of... .. 20... ..... ..... ..... (2) A meeting of the contributories of the above-named company will be held at... .. (place) on ..... day the day of... 20, at..... o'clock in the ... noon, to consider the decision of the said meeting of creditors and to express the views of the contributories as to who are to be the members of the advisory committee. Forms of proof and of general and special proxies can be had at the office of the Company Liquidator. Proxies should be lodged with the Company Liquidator not later than ..... o'clock on the day of..... 20... Dated this day of... 20... ..... Company Liquidator [The company's statement of affairs has not been lodged (or has been....
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....determining as to who are to be the members of the advisory committee, and to express the views of the contributories on the said matters. 181 182 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] The Company's statement of affairs has not been lodged [or has been lodged and may be inspected at the office of the Company Liquidator during the office hours on payment of the prescribed fee]. Forms of general and special proxies are enclosed herewith. Proxies to be used at the meeting must be lodged with the Company Liquidator at his office not later than ..... o'clock in the ..... noon on the Dated this.. day of ... 20. day of.. 20 ... Company Liquidator To FORM WIN 28 Form of individual notice [See rule 45(3)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,.....) Company Petition No of 20 ... Notice of Meeting (General Form) creditor (or contributory) of the said company Take notice that a meeting of creditors [or contributories] in the above matter will be held at... .. (place) on the ..... day of.... .20 ..., at... .. o'clock in the noon. Agenda ....
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....t I did on the ..... day of...20, send to each creditor mentioned in the company's statement of affairs [and to each contributory mentioned in the Register of Members of the company) a notice of the time and place of the (respective) meeting(s) of, creditors (and contributories) in the form(s) annexed hereto and marked 'A' *(and 'B'). 2. That the notices for creditors were addressed to the said creditors respectively according to their respective names and addresses appearing either in their proofs or in the statement of affairs or in the books of the company, or to the last known addresses of such creditors [and that the notices for contributories were addressed of the contributories respectively according to their respective names and addresses appearing in the Register of the company or to their last known addresses.] 3. That I further sent to each of the officers of the company mentioned below at their respective addresses a notice of the time and place of the (respective) meeting(s) of creditors (and contributories) in the Form annexed hereto and marked 'C'** 183 184 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] 4. That I sent the notices by putting t....
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....the meeting(s) of the creditors/ contributories held in pursuance of the order of the Tribunal dated ..... 20 , do hereby report the result of the said meeting(s): ...... .... 1. In pursuance of the order of the Tribunal dated 20 a meeting of the creditors/ contributories of the above company was summoned by advertisement in (here enter the newspaper or newspapers) of the date(s). .20 ...., and was held on the day of.. ... 20 at.. o'clock in the ..... noon at.. .. .I was the Chairman of the said meeting. ..... 2. The said meeting was attended either personally or by proxy by creditors of the said company whose proofs of debts against the company were admitted (or admitted for voting purposes) amounting in the whole (as admitted) to the value of Rs ... [or by contributories of the said company holding in the whole the said company] and entitled to ........votes. 3. The question(s) submitted to the said meeting was (were): [Here set out the question(s) submitted to the meeting]. ........... shares of 4. At the said meeting it was resolved unanimously [or as a result of the voting as set out below] as follows:- [Here set out the resolution(s) passed at the meeting]. ....
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....tor, the chairman of the meeting to act as his special proxy. 2. If the proxy is given by a firm, sign the firm's trading name and add Γ’β¬Λby A.B., a partner in the said firm. If the proxy is given by a corporation, then the form of proxy must be under its common seal or under the hand of some officer duly authorised in that behalf, and the fact that he is so authorised must be stated. 3. The proxy form when signed must be lodged with the Company Liquidator within the time mentioned in the notice convening the meeting at which it is to be used. 4. Where the person giving proxy wishes to give instructions regarding voting on any amendments that may be moved or as the case may be, such instructions may be noted in the proxy if so desired. FORM WIN 37 [Γ Β€Βà €¾à €β IIΓ’β¬βΓ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ [See rule 76] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,........) Company Petition No. of 20............ Dated...............
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.... issued to officers of of statement of affairs Date of filing report by Company Date of applications for directions Liquidator under Rule papers the under 38(3) and and assets company section date of of the for order on 281 (1) company submission Application of statement of affairs (1) (2) (3) (4) (5) (6) (7) (8) (9) If Advisory Committee is appointed,date of appointment Date of filing of further report(s)by Company Liquidator Date of examination, if any (10) Dates of filing Company Liquidator accounts into Tribunal under section 281(4), if any Date of misfeasance Date fixed for filing Summons proofs of against claims promoters against and officers of company, the company if any Date of settlement of list of creditors Date of filing provisional list of contributories Date of settlement of final list of contributories Dates and rates of calls made, if any Date Rate (11) (12) (13) (14) (15) (16) (17) (18) Dates and Rates of dividends (mention whether preferential or ordinary) Dates and Rates of Dates of deposit of unclaimed dividends or return undistributed Dat....
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.... made, and on what account it was made. 2. All cash and cheques received by the Company Liquidator should, upon their receipt, be entered on the Receipts Side Under Γ’β¬ΛCash' and 'Bank' respectively. When the cash collections are paid into the Bank by the Company Liquidator, an entry against cash on the Payments Side should be made, and a corresponding entry made under Bank on the Receipts Side. Where money is withdrawn from the Bank by cheque, the amount should be entered as a Payment under Γ’β¬ΛBank', on the Payments Side and entered as a receipt under Γ’β¬ΛCash' on the Receipts Side. 3. Where a cheque paid into the Bank is returned dishonoured, the entries previously made in the account in regard to it should be reversed by appropriate reverse entries. 4. Cash and cheques should be remitted into Bank under separate challans, and remittances in respect of each company should be made under a separate challan. 5. Vouchers for payments made by the Company Liquidator should be obtained at the time of making payment, and they should be numbered consecutively in a separate series for each half year. Receipts for payments made to the Company Liquidator should be issu....
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....ies' accounts agrees with the consolidated balance in the Central Cash Book. FORM WIN 38 C [See rule 80] Company Petition No.........of 20....... Name of Company.......(In liquidation) Company's Cash Book Receipts Payments Balance Date Parti- Ledger Receipt Cash Bank Total culars Folio number Voucher Cash Bank number Total Cash Bank Total 1234 5 6 7 8 9 10 11 12 13 14 Instructions: 1. There should be a separate Cash Book for each Company. 2. The entries in the Cash Book should be posted from the receipts and vouchers relating to the company and checked with the corresponding entries in the Central Cash Book. 3. Under 'particulars', the head of account to which the entry relates should be indicated so that the entry may be posted under the proper head in the General Ledger. 4. The instructions regarding the filling up of Bank and Cash columns in the Central Cash Book apply in the case of this Cash Book also. 5. The total of the Cash and Bank balances of all the companies should be tallied with the balances in the Central Cash Book once every month. FORM WIN 38 D [See rule 80] General Ledger Company Petition No. .of 20... Name of Company ...(in liquidat....
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....iquidator's investments in securities and outstandings to be realised should be entered in this Register. FORM WIN 38 H [See rule 80] Securities and Investment Register Serial number Company petition Date of investment number and name of the Nature and particulars of security Amount invested Dividend or interest Date of disposal Remarks company in which investment is made received with date of receipt 1 2 3 4 5 6 7 8 193 194 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Company Petition No.......of 20.... Name of Company.... FORM WIN 38 I [See rule 80] Register of book-debts and outstandings (Debtors' Ledger) ..(in liquidation) Serial Name number and Particulars of debt Amount due Date of bar by Action Amount taken realised Date of realisation Reference Remarks to Suits address limitation Register of debtor 1234 5 6 7 8 9 10 Instructions: All debts due to the company, both secured and unsecured, including amounts due for arrears of calls made prior to the winding-up, should be entered in this Register. Company Petition No... ..of 20....... FORM WIN 38 J [See rule 80] Tenants Ledger Name of Comp....
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....scrip- Esti- Date Method Name Highest Sale price No. Petition number number and name of of Assets Register tion of property mated of of sale value sale public and address bid & date of confirmation or of pur- private) chaser Γ’ΛΒ company 1 2 3 4 5 6 7 8 9 10 Advance received with date Interest realised, if any Balance realised Cost of sale Amount paid or Date of payment Remarks Date Rs. P. Nature of Rs.P expenditure adjusted or against mortgage, adjustment if any 11 12 13 14 15 16 17 Instruction: This Register is common to all the liquidations administered by the Company Liquidator, and entries in this Register should be made as and when sales of property are held. FORM WIN 38 N [See rule 80] Register of Claims and Dividends Petition No...............of 20...... Name of Company... Claims (in liquidation) Dividends declared and paid Serial Name Amoun Number and t Address claimed Nature of claim Amount Whether admitted ordinary or preferential Date Amount of creditor Date and Rate Amount Date Mode of and Payment mode of payment Rate Amount Date and mode of payment 2 3 4 5 6 Rem....
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....es made by the Official Liquidator to any person or made to the Company Liquidator by any person should be entered in this Register. 3. There should be a separate opening for each person. Company Petition No. of 20... Name of company... ..(in liquidation) FORM WIN 38 R [See rule 80] Documents Register Sl. No Description of document Date of receipt From whom received Reference number of How disposed of Remarks shelf in which document is kept 1 2 3 5 6 7 Instruction All documents of title like title-deeds, shares, promissory notes, etc., should be entered in this Register. [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ FORM WIN 38 S [See rule 80] Books Register Petition No. of 20.... Name of company.. .(in liquidation) Date From whom received Serial Number Description of books including files Shelf How Remarks number disposed of 2 3 4 5 6 Instruction: In this Register should be entered all books and files of the company which come into the hands of the liquidator. FORM WIN 38 T [See rule....
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....ments should, however, be inserted in the accounts of realisations or disbursements, as the case may be. Each receipt and payment must be entered in the account in such a manner as sufficiently to explain its nature. The receipts and payments must severally be added up at the foot of each sheet, and the totals carried forward, from one account to another without any intermediate balance, so that the gross totals shall represent the total amounts received and paid by the Liquidator respectively. 2. Where the Liquidator carries on a business, a Trading Account must be furnished as a distinct account, and only the totals of receipts and payments on the Trading Account must be brought into the statement. 3. When dividends or instalments of composition are paid to creditors, or a return of surplus assets is made to contributories, the total amount of each dividend, or instalment of composition, or return to contributories, actually paid, must be entered in the statement of disbursements as one sum; and the Liquidator must furnish separate accounts showing in lists the amount of the claim of each creditor, and the amount of dividend or composition payable to each creditor, and....
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....unt) Rs. P. Rs. P. Balance under investment Total balance as shown above *Note: Full details of investments made and realisations thereof should be given in a separate statement. Annexure to the Account I. Calls made by the Company Liquidator : Date of call: Rate of call: Total amount of call: Total amount realised on the call: II. Dividends declared: 1. Date of declaration: 2. Rate of dividend: 3. If not declared, state reasons, and when declaration may probably be made: 201 202 THE GAZETTE OF INDIA: EXTRAORDINARY (Where dividends have been declared and paid the following account should be furnished) [PART II SEC. 3(i)] Amount of dividend (or composition) Number on list Name of creditor 2 Amount of proof 3 Paid Unclaimed Rs. nP Rs. nP. 4 5 Total III. List of amounts paid and payable to contributories during the period of account Number on list Name of contributory Number of shares Paid Amount returnable on shares Unclaimed Rs. nP. Rs. nP. 1 2 3 4 5 Total If any actions or other proceedings are delaying the close of the liquidation, state shortly the nature and probable duration thereof. State also any other circumstances t....
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....nt Date Rs. P. ΓΒ€ΓΒΏ whom paid Nature Vou- of dis- burse- ment cher num- Amount Rs. P. ber 2 3 4 5 2 3 4 5 Brought forward Total Brought forward Total Note: The statement should be made out in accordance with the directions contained in the Form relating to the half-yearly statements. 203 204 Rs. P. Total realisations Total disbursements THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Analysis of Balance The balance is made up as follows:- Balance 1. Cash in hands of the Company Liquidator Rs. P. 2. Total payments into Bank (including balance at date of commencement of winding-up) Total withdrawals from Bank Balance at Bank Total balance as shown above (Trading account for the period, if any, to be attached) Subject to the directions of the Tribunal, it is proposed to pay the balance shown as above into the Company Liquidation Dividend and Undistributed Assets Account in the Scheduled Bank under section 352(2) of the Companies Act, 2013. Company Liquidator's report to accompany account 1. (i) Assets realised: Total realised *As per statement of affairs, or where Assets at com- mencement of win- *Estimated from th....
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....ors or contributories 1 Name and address of creditor or contributory 2 Date when pay- Amount of divi- dend or asset payable 3 able to creditor or contributory 4 Dated........... Company Liquidator Remarks 5 Remarks 5 206 10 To THE GAZETTE OF INDIA: EXTRAORDINARY FORM WIN 42 [See rule 94] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, .....) Petition No.......of 20..... .Petitioner Requisition for audit of account [PART II SEC. 3(i)] Sir, I am to enclose herewith a copy of the statement of account filed by the Company Liquidator relating to the above company in liquidation for the period from... to, and to request that the said account may be audited with reference to the books and vouchers, kept by the Company Liquidator, under the Companies (Winding Up) Rules, 2020, and the orders of this Tribunal, and that upon such audit, a certificate of audit may be issued in regard to the said account and forwarded to this Tribunal with your observations thereon, if any, in duplicate, within one month from this date. A copy of the certificates of a....
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...., and still is, justly and truly indebted to me [or to me and C.D., and E.F., my copartners in trade, or, as the case may be,] in the sum of Rs... ..for [here state consideration, e.g., goods sold and delivered by me/my firm to the said company between the dates ofor monies advanced by me/my firm in respect of the under-mentioned bill of exchange, or as the case may be], as shown by the account in the schedule below. 2. In respect of the said sum or any part thereof, I say I have not, nor have my partners or any of them, nor has any person, by my/our order, to my/our knowledge or belief, for my/our use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Here state the particulars of all securities held, and where the securities are on the property of the company, assess the value of the same, and if any bills or other negotiable securities be held specify them in the schedule.] [If the claim is made as a preferential claim, say so and set out the grounds on which the preference is claimed.] SCHEDULE Bills of Exchange Date Drawer Acceptor Amount Due Date Rs. P. Date Consideration Particulars of account referred to ....
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....hat they have not, nor has any of them, had or received any manner of satisfaction or security whatsoever. Deponent SCHEDULE Sl. No. Full name Address Descrip- tion of workmen Period over which wages due Period over Amount due which accrued holiday remunera- tion due Rs. P. 1 2 3 4 5 6 7 Solemnly affirmed, etc. Deponent's signature [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] To Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ FORM WIN 46 [See rule 111] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,....) Petition No........of 20..... .Petitioner Notice to a creditor to attend the investigation or produce further evidence 209 Take notice that pursuant to rule 111 of the Companies (Winding Up) Rules, 2020 you are hereby required to attend before the Company Liquidator at his office in person or by representative on.....day, the.....day of...20... at...o'clock in the...noon for the investigation of your debt or claim against the above-named company....
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....s an unlimited company. 3. The registered office of the company is situated at.Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦. 4. The nominal capital of the company is R..........divided into.........shares of Rs.......each. The amount of capital paid up or credited as paid-up is Rs...........(or as the case may be.) 5. The order for the winding up the company has been passed on Company Liquidator has been passed by the Tribunal on Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦. The order for appointment of 6. The Company Liquidator has settled the list of creditors and the amount of debts or claims after following the due procedure of calling all the creditors to prove their claims. 7. The decision of the liquidator accepting or rejecting the proof in whole or in part has been communicated to the concerned creditors. 8. The appellant has also received the decision in which the whole/ part of the claim has been rejected by the Liquidator. [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ 9. The appellant ther....
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....ny [or any money, property*, books or papers] now in your hands and to which the said company is entitled [or otherwise, as the case may be]. Dated this...........day of ......20... To (Name and address of the person to whom the notice is addressed) *Property to be specifically described. FORM WIN 52 Sd./ Company Liquidator [See rule 133] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. _ IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,.....) Application No. .... .of 20.... Company Liquidator-Applicant leave to make a call Let the several persons whose names and addresses are set forth in the second column of the Schedule hereto, being contributories of the above-named company, as shown in the third column of the said Schedule, attend the Tribunal on the day of 20, at o'clock in the ....noon, on the hearing of an application by the Company Liquidator of the above-named company for leave of the Tribunal to make a call to the amount of Rs. Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦..per share on all the contributories [or as the case may be] of the said company [and that notice of this may be given ....
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.... affairs thereof. I believe the sum of Rs. .......will be required in addition to the amount I have now on hand and the amount still to be collected by realisation of the outstanding assets. ....... 6. In order to provide the said sum of Rs. it is necessary to make a call upon the several persons who have been settled on the list of contributories as before mentioned, and having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that for the purpose of realising the amount required as before mentioned, it is necessary that a call of Rs. .............per share should be made. Solemnly affirmed etc. SCHEDULE Company Liquidator 213 214 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] FORM WIN 54 [See rule 134] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,......) Application No. .of 20... Advertisement of application for leave to make a call Notice is hereby given that the Tribunal has appointed.....day the day of 20...., at......o'clock in the .....noon, for the hearing of ....
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....or [or in the scheduled bank to the credit of the special bank account of the said company], on or before the _ day of ........20.... the Dated this...........day of... 20... To X.. .Y. Company Liquidator FORM WIN 57 [See rule 136] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,....) Application No. of 20.. Notice to be served with order sanctioning call ....... Take notice that the amount due from you, X, Y, in respect of the call made pursuant to the leave given by the order of the Tribunal dated 20..., a copy of which is attached hereto, is the sum of Rs. and that you should, on or before the day of...... ..20..., pay the said sum to the Company Liquidator at his office or into the Scheduled bank to the credit of the special bank account of the said company. If you wish to make the payment into the scheduled bank, you must produce this notice and the copy of the order hereto attached at the Bank to enable the Bank to receive payment, and after making the payment you should give forthwith notice thereof to the Company Liquidator enclosing with such notice....
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....are duly made under the Companies Act, 2013, pursuant to the order of this Tribunal dated......20...., granting leave to make a call. [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ 2. A copy of the said order dated.....20...., and a notice in FORM WIN57 specifying the amount due from each of the said contributories were duly served by registered post(or speed post, as the case may be) on such contributories respectively. 3. The respective amounts set opposite the names of such contributories respectively in the column 6 of the aforesaid Schedule are the true amounts now due and owing by them respectively in respect of the said call. Solemnly affirmed etc. Company Liquidator 217 FORM WIN 60 [See rule 137] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,....) Application No. .............of 20....... Company Liquidator-Applicant Before the Hon'ble Member of the Bench........ Dated:. Order for payment of call amount due from con....
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....ant Application for leave to examine person(s) under section 299 [PART II SEC. 3(i)] Let all parties concerned attend the Tribunal on....day the day of ....20...., on the hearing of an application of the Company Liquidator of the above company for an order .[Here insert the name(s) of the person(s) to be examined] be examined by the Tribunal respecting [the property (or books and papers) of the company in his (their) possession or his (their) indebtedness to the company or the promotion, formation, trade, dealings, property, books or papers, or affairs of the company] [and/or for the production of all books, papers, writings and documents in his (their) custody or power relating to the said company] and that a date be fixed for such examination and summons(es) be issued to the said person(s) for his (their) appearance on the date fixed and that all necessary directions may be given in the said matter. (Omit what is not required). Dated this.. ...day of....... .20...... Company Liquidator Registrar. Annexure:- In case application filed by Company Liquidator, a statement signed by him setting forth the facts on which the application is based. -In case application is....
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.... Schedule be summoned, and give the names and addresses in the said Schedule to the order'. **Omit what is not required. To be included where necessary. To FORM WIN 63 [See rule 141] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,.....) Application No............ of 20..... Company Liquidator Γ’β¬βApplicant Summons to witness for examination under section 299 Whereas by an order of the Tribunal dated the day of......20...., made herein, it was ordered that you......(name and description) be examined under the provisions of section 299 touching the affairs of the above-named company (or as the case may be), you are hereby required to attend the Tribunal on the........day of......20....at......o'clock in the noon to be examined as aforesaid; And you, the said, are hereby required to bring with you and produce at the time and place aforesaid the (here give the description of the property or document, etc.) and other documents in your custody or power in any way relating (or belonging) to the company. If you fail to attend at the said place and time, having no l....
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....β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ FORM WIN 66 [See rule 145] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT.. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,......) Petition No........of 20..... .Petitioner Notice to attend examination Whereas by an order of this Tribunal made on the...day of.....20...., it was ordered that you, the undermentioned X.Y., should attend before the Tribunal and be examined as to the promotion or formation of the company and/or as to the conduct of the business of the company, and/or as to your conduct, and dealings as (here insert, director or officer, as the case may be); And whereas it has been directed that the said examination be held before the Tribunal [or the Tribunal has directed that the said examination be held before (here mention the officer) before whom the examination has been directed to be held], and whereas the........day of 20, at.........o'clock in the.......noon has been fixed as the time for holding the said examination; Notice....
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....may be). Whereas by order of this Tribunal dated.......20....., A.B., (name of the contributory required to attend) was ordered to attend before the Tribunal (or the person or authority authorised by the Tribunal as the case may be), for the purpose of being examined under section 301 on a day and at a time to be appointed; and Whereas the.......day of 20, at o'clock in the...........noon was fixed for the said examination before the Tribunal (or officer etc.); and Whereas by evidence taken upon oath (or by affidavit of...........solemnly affirmed) it has been made to appear to the satisfaction of the Tribunal that notice of the said order and of the said time and place so appointed was duly served upon the said A. B.; and Whereas the said A.B., did without good cause fail to attend on the said........day of20, for the purpose of being examined, according to the requirements of the said order of the Tribunal made on the.......day of...20..., directing him to attend [or and that the said A.B., has absconded (or that there is reason to believe that the said A.B. is about to abscond) with a view to avoiding the said examination]; This is to command you to arrest and take ....
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....r dated........ ..20....., and at any adjournments of the said examination. IT IS ORDERED that upon payment into this Tribunal by the said A.B., of Rs....... [or upon the said A.B., furnishing two sureties for Rs each to the satisfaction (of the Registrar) of this Tribunal for his due appearance before this Tribunal], the Officer in charge of the Government Jail atΓ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦.., do discharge the said A.B., out of his custody under the said warrant dated.. .20..... Dated this..........day of .20........... (By the Tribunal) Tribunal or Registrar. 224 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] FORM WIN 71 [See rule 152] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,....) Petition No........of 20..... Petitioner Requisition to ... Court in whose jurisdiction the contributory against whom a warrant of arrest has been issued is believed to be Whereas the warrant of arrest hereto annexed has been issued by this Tribunal against the contributory named therein, namely..........of....
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....act that [Here set out the facts showing the fraudulent purposes, e.g., that the company continued to trade and to obtain goods on credit and to incur other liabilities without any means or prospect of being able to pay or provide for payment thereof, and further for the purpose of increasing the amount of assets available for distribution among the debenture holders, including the respondent C.D., etc., or, as the case may be] and that the respondents as the of the company were knowingly parties to the carrying on of the business of the said company in the manner aforesaid. 2. A declaration that the respondents (Names)..... shall be personally responsible, without any limitation of liability, for all the debts or other liabilities of the company. 3. A declaration that the said respondents are jointly and severally liable to pay to the [Company] Liquidator sums amounting to Rs........being the amount of debts owing by the company in respect of goods supplied to or services rendered to or other liabilities incurred by the said company during the period aforesaid or such part of the said sums as to the Tribunal shall seem fit after due inquiry. 4. An order for payment to....
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....e declaration is sought, e.g., paying to the shareholders dividend out of capital in respect of the financial year ......., or lending without consideration and, without taking any security Rs. 20...., whereby the same became wholly lost to the said of the said company to company on the adjudication of the said as insolvent on on 20..., or as the case may be]. 2. An order that all necessary inquiries be made and accounts taken for ascertaining what sums the respondents are liable to contribute to the assets of the said company by way of compensation for such misfeasance and breach of trust as aforesaid. 3. An order that the respondents do jointly and severally contribute to the assets of the said company and do pay to the [Company] Liquidator of the said company all such sums as they may be found liable to contribute to such assets together with interest on such sums at the rate of per cent per annum as from the several dates when the said sums were respectively wrongfully paid away until the date of repayment. 4. An order that the said respondents do pay the costs of and incidental to this application. 5. Such other order as in the premises, the Tribunal shall th....
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....RM WIN 75 [See rule 154] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT.. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, .Γ’β¬Β¦Γ’β¬Β¦..) Application No. [in Company Petition No. of 20... Γ’β¬Β¦.Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦. of 20...] -Applicant versus -Respondents Points of claim under section 340(1) of the Companies Act, 2013 1. The above-named company (hereinafter called 'the company') was incorporated on the capital of Rs. ......... divided into shares of Rs. each, of which material times issued and stood credited in the books of the company as fully paid. 2. By an order dated the .20..., with a shares were at all 20..., the company was ordered to be wound-up by the Tribunal. 3. The respondents were at all material times [state the position occupied by each of them, e.g., promoter, past or present director, managing agent, secretaries and treasurers, manager, liquidator or officer of the company]. 4. Etc. [Set out in separate paragraphs as may be necessary the main facts showing the misfeasance or breach of trust committed by each of the respondents and the amounts which they are jointly and se....
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....oner Notice by Liquidator of intention to apply to Tribunal for leave to disclaim Take notice that I intend to apply to the Tribunal for leave to disclaim [here specify the property, lease, contract etc., with short particulars and the interest of the company therein sought to be disclaimed] referred to in the notice given by you to me as the Liquidator of the above-named company. To (Signature) (Company) Liquidator of the said company [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ FORM WIN 78 [See rule 156] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,.....) Application No. of 20..., Applicant (Company) Liquidator of the said company Summons for extension of time for giving notice of intention to apply for leave to disclaim Let all parties concerned attend the Tribunal on the day of 20..., on the hearing of an application by the applicant herein for an order that the applicant as the (Company) Liquidator of the above....
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....mpany) Liquidator of the above-named company for an order pursuant to section 333 of the Companies Act, 2013, that the said Liquidator [notwithstanding that the time limited thereof by the said section has expired*] may be at liberty to disclaim [here specify property, lease, contract etc., with short particulars and the interest of the company therein sought to be disclaimed] and that the costs of the application may be provided for. Dated this day of.. Liquidator of the said company. 20 ..., Note: On the hearing, the summons will be adjourned for notice to interested parties. *To be included where the time has expired. Registrar [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ FORM WIN 82 [See rule 156] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,.....) Application No. of 20..., (Company) Liquidator of the said company Applicant Affidavit in support of summons for leave to disclaim a lease I, the (Company) Liquidator ....
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....e case may be). 9. In these circumstances, I ask for leave to disclaim the said lease, and the said prove for the loss suffered by reason of the said disclaimer along with the other creditors. Solemnly affirmed etc. *Note: The original or a certified copy of the lease to be produced. Liquidator. should be allowed to FORM WIN 83 [See rule 159] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT.. IN THE MATTER OF-----LTD (give the name of the company) (Company incorporated under Companies Act,......) Petition No.........of 20..... .Petitioner Notice to parties interested in the property in respect of which the application to disclaim is made Notice is hereby given that on an application to the Tribunal by me as (Company) Liquidator of the above- named company for leave to disclaim a lease to the above-named company dated the 20..., etc., (or as 231 232 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] the case may be), the Tribunal adjourned the matter until the given to you. day of. 20 for notice to be .... If you desire to be heard on the said application, you should attend the adjourned hearing before the Tribunal on day, the day of 20 at o'cl....
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.... has made an order extending the time, that order should also be mentioned in the preamble to this order. [Γ Β€Βà €¾à €β II-Γ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ FORM WIN 85 [See rule 161] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT............. company) IN THE MATTER OF -----LTD (give the name of the (Company incorporated under Companies Act,.....) Petition No........of 20..... .Petitioner Disclaimer of lease* Pursuant to an order of the Tribunal dated the day of... 20 . I, the undersigned, the Company Liquidator of the above-named company, hereby disclaim all interest in the lease dated the..... ....., 20........, whereby the premises (here insert description of the property disclaimed) were demised to Rs. .... per annum (or per mensem) for a term of. Notice of this disclaimer has been given to years. at a rent of Dated this day of 20 ... *The form to be suitably altered in the case of property other than lease. FORM WIN 86 [See rule 161] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (g....
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....¦Òβ¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦.] ..per cent. per annum in favour of the said C.D.]. 2. And whereas on the. and Shri. 20., an order was made for the winding-up of the company by Tribunal was appointed liquidator for purposes of winding up; 3. And whereas the Company Liquidator of the said company was by order dated the Γ’β¬Β¦Γ’β¬Β¦.Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦. leave to disclaim the said lease; 4. And whereas the said Company Liquidator of the above-named company on the.. notice of his intention to disclaim the said lease, and by writing under his hand dated the disclaimed the said lease, and filed such disclaimer in these proceedings on theΓ’β¬Β¦Γ’β¬Β¦...... notice thereof on or about the 20, on the said A.B., the applicant; 20 of the said A.B., of... 20....... given 20....., gave 20....... 20, and served ......for an Now upon the application by summons dated the.... order that the respondent C.D., do elect whether he will or will not take a vesting order of the disclaimed property comprised in the said lease, being.Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦....
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....d C.D., has applied for a vesting order of the said lease.] Upon hearing, etc., and upon reading, etc., this Tribunal doth order: That the said C.D., be and is hereby excluded from all interest in and security upon the premises aforesaid [and that the property do vest in ...]. [or That the company's interest in the premisesΓ’β¬Β¦Γ’β¬Β¦..... lease deed dated the.. of...... ....more particularly described in the , 20....., do vest in C.D., the respondent herein, for the residue of the term .....years demised by the said lease, subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding up (or subject only to the same liabilities and obligations as if the lease had been assigned to that person on the..... 20, the date of the commencement of the winding up] Dated this... ...day of.... 20....... (By the Tribunal) Registrar. *Where such an application for a vesting order is made, the application should be included in the cause-title. FORM WIN 89 [See rule 169] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of t....
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....e 'first' or 'second' or 'final' as the case may be. Enclosures: Receipt BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, ...) Petition No........of 20..... Petitioner Address: Date: dividend of. RECEIVED from the Company Liquidator of the above company the sum of Rs... payable to me/us in respect of the Payee's signature being the amount in the rupee. Rs................ *Authority for delivery Sir, BENCH AT. BEFORE THE NATIONAL COMPANY LAW TRIBUNAL ..IN THE MATTER OF -----LTD (give the name of the (Company incorporated under Companies Act, Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦.) Petition No........of 20..... Please deliver to the bearer.. order, at my expense and risk] the Payee's signature ..Petitioner Address: Date: company) .(name of bearer) [or send to me by cheque by post or by postal money dividend of Rs... ...payable to me. Rs.... To The Company Liquidator of..... ..(company), *Note: This is an authority only to deliver the dividend (the cheque or the amount as the case may be), and not to make it payable to another person, for which FORM WIN 91....
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....ion before a return can be made, columns should be added showing the amount called up and the amount paid up at such date in respect of shares then held by such members or class or members or such other facts as may be requisite. To FORM WIN 93 [See rule 172] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, Γ’β¬Β¦Γ’β¬Β¦Γ’β¬Β¦..) Petition No........of 20..... .Petitioner Notice of return to contributories Notice is hereby given that a first/second/final return of.. payable to you is Rs of.... hours of... ...per share has been declared. The amount and the same will be payable at my office on the....... ...day 20., and the subsequent working days up to the day of 20 ..., between the [Γ Β€Βà €¾à €β IIΓ’β¬βΓ Β€βà €£à Β₯Βà €‘ 3(i)] Γ Β€Βà €¾à €°à €€ Γ Β€β’à €¾ à €°à €¾à €ΕΓ Β€Βͺà €€à Β₯Βà €° : Γ Β€β¦Γ €¸à €¾à €§à €¾à €°à €£ Upon applying for payment, this notice must be produced entire together with the share certificate. If you do not attend personally you must forward the share certificate and fill up and sign....