TaxTMI 
TaxTMI 
Companies (Winding Up) Rules, 2020
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....whom the powers and functions of the Registrar are assigned; (d) "Registry" 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....
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....e his petition within the time prescribed by these rules or by order of Tribunal; or (iii) consents to withdraw the petition, 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 c....
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....such variations as may be necessary. (3) An order for the appointment of a provisional liquidator as passed in accordance with clause (c) of 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 s....
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.... the Registrar of Companies in form INC-28 of the Companies (Incorporation) Rules, 2014. 18. Contents of winding up order.- An order for winding up a company shall 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. Ad....
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....the cause-title, the words 'in liquidation' or ‗in provisional liquidation' as the case may be, shall appear in brackets. APPLICATION FOR STAY OF SUITS ETC. ON WINDING UP ORDER 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 answe....
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....or the debts of others, as required under sub-section (1) of section 281, and the list shall be in Form WIN 17. 29. Notice to be given of date of settlement.- (1) Upon the filing of the provisional list of contributories 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....
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....Save as provided in rule 31, the list of contributories shall not be varied, and no person settled on the list as a contributory shall be removed from the list, or his liability in any way varied, except by order of the Tribunal 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 order....
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....o would be the members of the said advisory committee or pass such orders or give such directions in the matter, as the Tribunal may think fit. 38. Filling -up of vacancy in advisory committee.- (1) On a vacancy occurring in the advisory committee, 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 ....
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....mittee for services rendered by him in the discharge of the duties attached to his office as a member of such committee. 43. Meetings of advisory committee.- (1) The advisory committee shall meet at such times as it may from time to time appoint and the Company 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 c....
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....the meeting of the creditors or contributories or both. 47. Notice of first or other meeting to officers of company.- (1) The Company Liquidator shall also give, to each of the officers of the company, who in his opinion ought to attend the first or any other meeting of creditors or contributories, 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, ....
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....id notwithstanding that some creditors or contributories may not have received the notice sent to them. 55. Adjournments.- The chairman of the meeting may, with the consent of the creditors or contributories present in the meeting, as the case may be , adjourn it from time to time, but the adjourned meeting 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 i....
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.... of his security, the date when it was given and the value at which it is assessed by a registered valuer, and shall be entitled to vote only in respect of the balance due to him, if any, after deducting the value of his security. 61. Effect of voting by a secured creditor.- If a secured creditor votes in respect of his 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. ....
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....rms of proxies shall be sent to the creditors and contributories with the notice summoning the meeting and no name shall be inserted or printed in the form before it is sent. 71. Proxies to be lodged.- A proxy shall be lodged not later than 48 hours before the meeting at which it is to be used, with the Company Liquidator in a winding up by the 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 d....
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....far as may be applicable, in respect of the company under winding up: (a). Register of Liquidations in Form WIN 38 A; (b). Central Cash Book in Form WIN 38 B; (c). Company's Cash Book in Form WIN 38 C; (d). General Ledger in Form WIN 38 D; (e). Cashier's Cash Book in Form WIN 38 E; (f). Bank Ledger in Form WIN 38 F; (g). Register of Assets in Form WIN 38 G; (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 Liquidat....
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....y to day expenses, and all payments out of the aforesaid account by the Company Liquidator above two thousand rupees shall be made by cheque drawn against the said account. (2) The Company Liquidator shall make quarterly reports to the Tribunal regarding the funds, including filing the bank statements of the special bank account. 82. Bills, cheques, etc. to be deposited with bank.- All bills, cheques, hundies, notes and other 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 m....
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....d for the purpose of meeting the expenditure of the company in liquidation which does not have sufficient funds to its credit from the amounts of the company in liquidation on priority basis as and when any amount comes to its credit. INVESTMENT OF SURPLUS FUNDS 86. Investment of surplus funds.- (1) All such money for the time being standing to the credit of the Company Liquidator at the bank as is not immediately required for the purposes 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 t....
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....e filed as soon as the affairs of the company have been fully wound up, irrespective of the period specified above: Provided further that the Tribunal may permit the Company Liquidator to straight away forward completed accounts of the company in liquidation in respect of relevant period to the auditor for the purpose of audit in Form WIN 42 requesting that the accounts may be audited, and the certificate of audit shall be submitted to the Tribunal not later than 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 mo....
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....on the audit of the account, the Registry shall place the statement of account and the auditor's certificate before the Tribunal for its consideration and orders. Part III WINDING UP BY TRIBUNAL (OTHER THAN SUMMARY WINDING UP) DEBTS AND CLAIMS AGAINST COMPANY 100. Notice for proving debts.- (1) Subject to the provisions of the Act and directions of the Tribunal, the Company Liquidator in a winding up by the Tribunal shall, within a period of thirty days from the date of 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 communica....
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....e proof in Form WIN 45 for all such claims is made either by a foreman or some other person on behalf of all such creditors and such proof shall be annexed thereto as forming part thereof, setting forth the names of the workmen and others and the amounts severally due to them in the schedule in the said form, and any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said workmen and others. 105. Production of bills of exchange and promissory notes.- 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 ....
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....of the debt and he may call for the production of the documentary proof if any referred to in the affidavit of proof or require further evidence in support of the debt, and if he requires further evidence, or requires that the creditor should attend the investigation in person, he shall fix a day and time at which the creditor is required to attend or to produce further evidence and send a notice to such creditor in Form WIN 46 by pre-paid registered post or speed post so as to reach him not later than seven days before the date fixed. 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....
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....nds of rejection. (2) It shall be open to any creditor or contributory to apply to the Tribunal for leave to intervene in the appeal, and the Tribunal may, if it thinks fit, grant the leave subject to such terms and conditions as may be just, and where such leave has been granted, notice of the hearing of the appeal shall be given to such creditor or contributory. 118. Company Liquidator not to be personally liable for costs.- The Company Liquidator shall in no case be personally liable for costs in relation to an appeal from his decision rejecting 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 th....
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....dividends which such creditor may have failed to receive before that money is applied to the payment of any future dividend or dividends, but he shall not be entitled to disturb the distribution of any dividend declared before his debt was proved by reason that he has not participated therein. 125. Payment of subsequent interest.- In the event of there being a surplus after payment in full of all the claims admitted to proof, creditors whose proofs have been admitted shall be paid interest from the date of the winding up order or of the resolution, as the case 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 b....
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.... the company, be in the same position as if he were a Receiver of the property appointed by the Tribunal, and the Tribunal may on his application enforce such acquisition or retention accordingly. 130. Company's property to be surrendered to Company Liquidator on requisition.- Any contributory for the time being on the list of contributories, trustee, receiver, banker, agent, officer or other employee of a company which is being wound up under order of the Tribunal, shall on notice from the Company Liquidator and within such time as he shall by notice require, pay, deliver, convey, 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 se....
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....lectronic mode, a copy of the order granting leave to make the call upon each of the contributories included in such call together with a notice in Form WIN 57 specifying the amount or balance due from such contributory in respect of such call and the order granting leave to make a call need not be advertised unless the Tribunal otherwise orders for any special reason. 137. Order for payment of call.- The Company Liquidator may apply to the Tribunal for an order against any contributory or contributories for payment of moneys due on the calls made by him and the application shall be made in Form WIN 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 win....
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....dator shall have the conduct of an examination under section 299, provided that the Tribunal may, if for any reasons it thinks fit so to do, entrust the conduct of the examination to any contributory or creditors and where the conduct of the examination is entrusted to any person other than the Company Liquidator, the Company Liquidator shall nevertheless be entitled to be present at the examination in person or by authorised representative, and may take notes of the examination for his own use and put such questions to the person examined as the Tribunal may allow. (2) Save as provided in sub-rule (1), no person 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 Tribuna....
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....re the examination is adjourned, it shall not be necessary to advertise the adjournment or serve notice thereof unless otherwise ordered by the Tribunal. 146. Adjournment of examination for orders of Tribunal.- Where on an examination held before the person or authority appointed by the Tribunal, such person or authority is of the opinion that the examination is being unduly or unnecessarily protracted or, for any other sufficient cause, he is of the opinion that the examination should be held before the Tribunal, such person or authority may adjourn the examination of any person, or any part of the examination, to be held before the 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 b....
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....nal under these rules for the arrest of a contributory who is or is believed to be outside the jurisdiction of the Tribunal, the Tribunal issuing the warrant may send the warrant of arrest for execution to the District Court or, to the Court of Small Causes at Bombay, Calcutta or Madras (if the warrant has to be executed in any of these places) within the ordinary jurisdiction of which such contributory shall then be or be believed to be, with a requisition in Form WIN 71 annexed thereto under the seal of the Tribunal requesting execution of the warrant by the Court to which it is sent and the last mentioned Court shall seal the warrant with its seal 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 ....
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....n affidavit setting out the full facts relating to the property, the parties interested, the nature of their interests, and stating whether the company is solvent and whether any notice has been served on the liquidator by any person referred to in sub-section (4) of the said section requiring him to elect whether or not he will disclaim. (2) The notice and application referred to in sub-rule (1) shall be in Forms WIN 76 to 82 with such variations as may be necessary. 157. Preliminary hearing of application. - The application referred to in rule 156 shall be posted before the Tribunal ex-parte in the first instance for directions as to the persons on whom notice of 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. ....
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....just, within a time to be fixed by the Tribunal and stated in the notice, he will be excluded from all interest in and security upon the property and the Tribunal may adjourn the application for such notice to be given and for such under-lessee, mortgagee or holder of charge, to be added as a party to and served with a copy of the application, and to make, if he deem fit, such election and application as is mentioned in the notice, and if at the expiration of the time so fixed by the Tribunal, such under-lessee, mortgagee or holder of charge, fails to make such election and application, the Tribunal, may make an order vesting the property in the applicant or other person who, 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 t....
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....aration of dividend not less than fifteen days prior to the date fixed for the payment thereof and unless otherwise directed by the Tribunal, such notice shall be given by advertisement in such newspapers as the Tribunalshall direct and by sending by registered or speed post and electronic mode if any, a notice to every person whose name appears in the list of creditors as on such date and the advertisement shall be in Form WIN 89 and the notice to creditor in Form WIN 90. 170. Form of authority to pay dividend. -A person to whom dividend is payable may lodge with the Company Liquidator an authority in writing to pay such dividend to another person named therein and such authority shall be in Form WIN 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, conta....
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...., upon perusing the account as audited, make such orders as it may think fit as to the dissolution of the company, the application, subject to the provisions of the Act, of the balance in the hands of the Company Liquidator or the payment thereof into the Company Liquidation Dividend and Undistributed Assets Account, and the disposal of the books and papers of the company and of the liquidator. 176. Liquidator to pay the balance into Company Liquidation Dividend and Undistributed Assets Account. -Upon an order for dissolution being made, the Company Liquidator shall forthwith pay into the Company Liquidation Dividend and Undistributed Assets Account any unclaimed dividends payable to creditors or undistributed assets 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 th....
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....r undistributed assets of the company, the liquidator shall realise the investment or withdraw the deposit and shall pay the proceeds into the Company Liquidation Dividend and Undistributed Assets Account. 181. Application by person for payment of money paid into the Company Liquidation Dividend and Undistributed Assets Account.-An application under sub-section (6) of section 352 by any person claiming to be entitled to any money paid into the Company Liquidation Dividend and Undistributed Assets Account for payment of such money shall state whether the applicant had made an application to the Central Government for the payment, and, if so, the result of the application. 182. Cost and expenses payable out of the assets 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 th....
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.... without regard to such person's claim and the claim shall be forfeited : Provided that the Tribunal may, at any time before the declaration of the final dividend, for good cause shown, restore the claim and order the bill to be received without prejudice to the distribution of dividends declared prior to the making of the order, and the request by the Company Liquidator shall be in Form WIN 95 and shall be served personally or by registered post or speed post. 185. Fees in misfeasance proceeding.-In a proceeding against the persons referred to in sections 339 or 340, the fees to authorised representatives shall be allowed as decided by the Tribunal having regard to the nature and complexity of the case. 186. Fees when proceeding is compromised.-Where 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 ....
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.... Central Government and with further directions issued by the Central Government as may be necessary, from time to time. (6) The monies received by the Official Liquidator as referred to in section 349 shall be paid by him into the public account of India in the Reserve Bank of India as mentioned in that section not later than the next working day of the said Bank. (7) For the purposes of section 363, the creditors of the company shall prove their claim in the manner as provided under rules 100 to 125, with the modification and directions by Central Government as mentioned in sub-rule (4). (8) In the absence of any rules under this Part, on any subject for conduct of liquidation proceeding by the Official Liquidator, the relevant rules in the other Parts of these rules shall be followed with necessary modifications 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....
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....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 per page. rupees FORM WIN 1 [See rule 3(1)] 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 Petition for winding-up The petition of (full name, description, occupation and address of petitioner) showeth:- 1. The address of the petitioner above named for the service of all notices, processes, etc., is that of his representative Shri at.... 2. The company above named, viz.,... ...(hereinafter referred to as 'the company') was incorporated in ☠as a public (private) company limited the month of 19./20..., under the (Companies Act, by shares/limited by guarantee/as an un....
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....at the voluntary winding-up or winding-up by the Tribunal, as the case may be, cannot be continued with due regard to the interests of the creditors or contributories or both, should be set out. 7. By a special resolution of the company duly passed in accordance with section 271 of the Companies Act, 2013, at a general meeting thereof, held on the day of 20...., after due notice as provided in the Act, it was resolved unanimously (or, by a majority of.......votes against votes) as follows:― (Here set out the resolution) [Here set out in paragraphs the facts relating to the financial position of the company and the circumstances that have led to the passing of the special resolution.] 8. The petitioner therefore prays as follows:― (1) That the...........Co., [Ltd.], may be wound-up by the Tribunal under the provisions of the Companies Act, and (2) Such other order may be made in the premises as shall be just. Representative for the Petitioner ENCLOSURES- Copy of notice calling the meeting in which resolution is passed. 1. 2. Copy of resolution passed. 3. Copy of statement of affairs. Petitioner 153 15....
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....veral lists annexed are not exhibits to the affidavit. [à¤à¤¾à¤— II–खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण STATEMENT OF AFFAIRS AND LISTS TO BE ANNEXED Statement as to the affairs of Ltd., on the day of estimated realisable values and liabilities expected to rank :- Assets not specifically pledged (as per List 'A') Balance at bank Cash in hand Marketable Securities Bills Receivable Trade Debtors Loans and Advances Unpaid Calls Stock in Trade Work in progress Freehold property, Land & Buildings Leasehold property Plant & Machinery Furniture, Fittings, Utensils, etc. Investments other than marketable securities Livestock Vehicle etc. Other Property, viz., .. *Asset specifically pledged (as per list 'B') Freehold property Rs...... 20....., showing assets at Estimated Realisable Values Rs. Due to (b) Estimated Realisable Values secured creditors Deficiency ranking as unsecured (d) Surplus carried to last ....
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....cy as regards Members (as per list 'H') Rs. Rs. Rs. # These figures must be read subject to the following notes:- (1) (f) there is no unpaid capital liable to be called up, or (g) the nominal amount of unpaid capital liable to be called up is Rs...estimated to produce Rs........which is/is not charged in favour of debenture holders [ strike out (f) or (g)] (2) The estimates are subject to costs of the winding up and to any surplus or deficiency on trading pending realisation of assets. LIST 'A' ASSETS NOT SPECIFICALLY PLEDGED Statement of Affairs : List 'A' Full particulars of every description of property not specifically pledged and not included in any other list are to be set forth in this list. Full statement and nature of property Book Value Estimated to produce Rs. State name of bankers Balance at Bank Cash in hand Marketable Securities. Viz.,... Rs. 158 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] Bills Receivable (as per Schedule I) Trade Debtors (as per Schedule II) Loans & Advances (as per Schedule III) ... Unpaid calls (as per Schedule IV) State nature ...S....
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.... Statement of Affairs: Schedule IV to List 'A' The names to be arranged in alphabetical order and numbered consecutively. Consecutive No. No. in shares register Name of shareholder Address No. of Amount of Total shares held call per amount due Estimated to realise share unpaid Rs. Rs. Rs. Signature: Serial No. Description Signature: SCHEDULE V STOCK IN TRADE Statement of Affairs: Schedule V to List 'A' Quantity Dated 20.... Book Value Estimated to realise Rs. Rs. SCHEDULE VI DEBTS DUE FROM CONTRIBUTORIES (Other than unpaid calls) Statement of Affairs: Schedule VI to List 'A' Dated..... .20.... Consecutive No. No. in shares Name of shareholder Address register Nature and particulars of debt Amount due Securities held, if any, for the debt Signature: Rs. Dated 20.... Serial no. in Schedule I,II or III, as the case may be where the debt is included [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजà¤....
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.... company, the amount of the creditor's claim and the amount of the contra account should be shown in the third column and the balance only inserted under the heading 'Amount of Debt' thus :- Rs. Total amount of claim Less: Contra account No such set-off should be included in Schedule I attached to List 'A' (2) The particulars of any Bills of Exchange and Promissory Notes held by a creditor should be inserted immediately below the name and address of such creditor. No. Name Address & Amount of debt Occupation Date when contacted Folio of ledger or Consideration other books Rs. Month Year Unsecured balance of creditors partly secured Brought from List 'B' Balance not preferential of preferential creditor Brought from List 'C' Signature: where particulars to be found Dated 20 ... [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण LIST 'F' - LIST OF PREFERENCE SHAREHOLDERS The name to be arranged in alphabetical order and numbered consecutively Stateme....
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....s. ..... Rs. Rs. 10. Other items reducing Deficiency or contributing to Surplus:- Deficiency/Surplus as shown by statement. Rs. Note as to Net Trading Profits and losses:- Particulars are to be inserted here (so far as applicable) of the items mentioned below, which are to be taken into account in arriving at the amount of net trading profits or losses shown in this account:- Provision for depreciation, renewals, or diminution in value of fixed assets. Charges for Income-tax and other taxation on profits. Interest on debentures and other fixed loans. Payment to directors made by the company and required by law to be disclosed in the accounts. Exceptional or non-recurring expenditure: Less Exceptional or non-recurring receipts: Balance, being other trading profits or losses Net trading profits or losses as shown in Deficiency or Surplus Account above Signature: Dated 20...... Rs Rs. .Rs. Rs. Rs. [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण LIST 'I' Statem....
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....oner and the capacity in which he presents the petition e.g., contributory, etc.] and that the said petition is directed to be heard before the Tribunal on the day of 20. Any contributory or other person desirous of supporting or opposing the making of an order on the said petition should send to the petitioner or his representative notice of his intention signed by him or his representative with his name and address so as to reach the petitioner or his representative not later than five days before the date fixed for the hearing of the petition and appear at the hearing for the purpose in person or by his representative. A copy of the petition shall be furnished by the undersigned to any creditor or contributory on payment of the prescribed charges for the same. Any affidavit intended to be used in opposition to the petition should be filed in Tribunal and a copy served on the petitioner or his representative not less than five days before the date fixed for the hearing. Representative for Petitioner Dated.. Το FORM WIN 7 [See rule 14(1)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the ....
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.... 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 Tribunal doth hereby limit and restrict the powers of the said provisional liquidator to the following acts, that is to say:- [Here describe the acts which the provisional liquidator is authorised to do.] And the Tribunal doth order that the provisional liquidator do forthwith take charge of all the property and effects of the company'; And that the costs of this application shall be costs in the petition. (By the Tribunal) Registrar Note: It will be the duty of such of the persons as are liable to submit the books of account of company completed and audited upto the date of order to liquidator under section 274(3) to attend on the provisional liquidator at such time and place as he may appoint and to give him all information he may require. *Where the Tribunal directs that the provisional liquidator is to take possession of any specific properties, the clause should be suitably modified, and the particulars of such properties should be set out in a s....
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.... [à¤à¤¾à¤— II–खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण Dated this day of .20 or Company Liquidator FORM WIN 11 (Sd.)Provisional Liquidator [See rule 17(1)] 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...../20 Before the Hon'ble Mr. Dated -Petitioner Upon the petition of... Winding up Order ..presented on the representative for the petitioner Shri. ....... day of... 20..., upon hearing Shri representative for the creditors (or contributories) supporting the petition, Shri representative for the creditors (or contributories) opposing the petition, and Shri representative for the company, upon reading the said petition, the affidavit of A.B., filed the of 20 verifying the said petition, the affidavit of x.y., filed the .......day of ......20....., the (state or union t....
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.... 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 copies of the petition and the affidavit have been sent to the Company Liquidator along with notice of an order appointing provisional liquidation, if any. Note: It will be the duty of such of the persons as are liable to submit the books of accounts of company completed and audited upto the date of order of liquidator under section 274(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. FORM WIN 13 [See rule 17(1)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act, ...) Petitio....
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.... 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 paid up or credited as paid-up is Rs... .(or as the case may be.) 5. The order for the winding up the company or for appointment of provisional liquidator dated passed by the Tribunal. .has been 171 172 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] 6. The applicant hereby applies for the leave to commence [or continue] the suit [or proceeding] under section 279(1) of the Companies Act 2013, the details of which are as mentioned below: Dated this.......day of..........20.... FORM WIN 16 ....
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....tors (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 was promoted or formed and the Company Liquidator is of the opinion that fraud has been/has not been committed by any person in its promotion or formation. Dated this.....day of ..... 20... Company Liquidator 173 FORM WIN 17 [See rule 28(2)] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT.. IN THE MATTER OF ....
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.... 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 [à¤à¤¾à¤— II–खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 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 are satisfied that the particulars contained in the notic....
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.... the said company on the day of 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 ....
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....e by certificate dated the . day of... .20 ..... under my hand, finally settled the list of contributories of the said company, and that you are included in such list. The character and 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 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 ....
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....NAL 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 Report of result of meeting of creditors and contributories under section 287(3) (name), Company Liquidator of the Tribunal, and Chairman of the meetings of the creditors and contributories held under section 287(3), do hereby report the result of the said 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 resolve....
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.... the day of .....20... at...o'clock in the noon, when any creditor or contributory of the above-named company who wishes to be heard may appear and make such representations to the Tribunal as he wished to make in the said matter. Dated this.....day of.......20........ Company Liquidator FORM WIN 25 Form of advertisement [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 meetings of creditors 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 ....
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....¤Î¿ Company Liquidator FORM WIN 27 Individual notice to contributories [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 contributories' meeting under section 287(5) of the Companies Act, 2013 Take notice that a meeting of the contributories of the above-named company will be held at.. ... day the ..... . day of.... .20 ..., at... .. o'clock in the ..... noon. for the purpose mentioned below: (place) on..... Agenda To consider the decision to be taken at a meeting of the creditors of the said company to be held on the day of 20...for 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 ....
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....of the company) (Company incorporated under Companies Act,....) Company Petition No. of 20............ Notice to officers of company to attend meeting of creditors or contributories Take notice that a [the first] meeting of creditors [or contributories] will be held on the.....day of.....20..., at.....o'clock in the.....noon at (here insert the place where the meeting is to be held) and that you are required to attend thereat and give such information as the meeting may require. Dated this.....day of.....20... Company Liquidator I FORM WIN 31 [See rule 48] 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... ..... Affidavit as to the posting of notices of meeting ...... (name and description) of etc., solemnly affirm and say as follows:- 1. That 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....
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....company) (Company incorporated under Companies Act,.....) Company Petition No ...... of 20... List of creditors (or contributories) present at a meeting ..... day of .....20 Company Liquidator Name of creditor (or contributory present or represented Amount of proof (for number of shares and votes held by each contributory) In person By proxies [à¤à¤¾à¤— II-खणà¥à¤¡ 3 (i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 185 5 6 7 Total number of creditors (or contributories) present or represented. Company Liquidator I FORM WIN 34 [See rule 65] 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... Report of result of meeting(s) of creditors/ contributories held under order of Tribunal dated 20 ... name, Company Liquidator of the Tribunal and Chairman of the meeting(s) of the creditors/ contributories held in pursuance of t....
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....firm's trading name and add by A.B.. a partner in the said firm. If the proxy is given by a corporation, then the form of the proxy must be under its common seal or under the hand of some officer duly authorised in that behalf, and the fact that the officer 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. FORM WIN 36 [See rule 67] 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..... Form of special proxy I/We ....a creditor [or contributory] hereby appoint......as my/our proxy at the meeting of creditors [or contributories] to be held on the day of 20, or at any adjournment thereof, to vote. [Here insert the word 'for' or the word ‘against', as the case may require, and specify the particular resolution] the resolution numbered........in the notice convening the meeting. Dated this.......day of.... .20... Sd/- A.B. Notes: 1. It is o....
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....ing conflict of interest or lack of independence under section 291 of the Companies I,, s/o,...........r/o,... Act, 2013 have been appointed by the Company Liquidator vide letter dated to assist him in the performance of his duties and functions under Companies Act, 2013. I solemnly affirm and declare that I am not having any conflict of interest / lack of independence in respect of my appointment as assistant to Company Liquidator of the above named company. Or I solemnly affirm and declare that I have the following interest in the above named my independence in respect of my duties. And I make this solemn declaration believing the same to be true. company which may affect Solemnly affirmed and declared at the day of 20...., before me. Professional appointed FORM WIN 38 A 187 188 THE GAZETTE OF INDIA: EXTRAORDINARY [See rule 80] Register of Liquidations [PART II SEC. 3(i)] Company Petition No... Name of the Company..... Name of Petitioner..... By representative Shri..... Date of presen- tation Date of order if any, appointing Provisional Liquidator Date of Winding- up ....
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....with banks.... 3. Investments: (a) Government Securities ……………. (b) Other investments..... B. Immovable Properties à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 189 *Serial number Description of property Estimated value 1 2 3 C. Other property *Serial number Description of property Estimated value 1 2 D. Approximate amount of debts and outstandings to be realised―Rs.. Approximate amount of debts and liabilities to be paid—Rs.... E. Amount of debts and outstandings realised (give progressive total) After 6 months 1 After 12 months 2 F. Costs and expenses in liquidation After 6 months 1 3 After 18 months 3 After 24 months 4 After 12 months 2 After 18 months After 24 months 3 4 G. Remarks: *Note: Where the properties are too many to be entered here, give reference to the Register of Assets and mention the number of items, and the total estimated value of the properties. 190 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)]....
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....t. 7. Where dividends are paid to creditors, only the total amounts of the dividends paid each day must be entered in the Central Cash Book and the Company's Cash Book and the details of individual payments made should be entered in the Dividends Paid Register. 8. Cash Books should have their pages machine numbered. As far as possible no lines should be left blank, but if any space on a page of the Cash Book has to be left blank a diagonal line should be drawn to cancel the blank space, so that it may not be possible to make any subsequent entries therein. Interpolation of entries should be avoided, but when it becomes necessary to make any entries between two ruled lines or to make any additions to, or interpolation between, entries already made, such addition or interpolation should invariably be attested and dated by the Liquidator under his initials. 9. The Cash Book should be balanced at the end of each day and the Cash and Bank Balances carried over to the following day. The Cash on hand should be verified daily by some responsible officer, and at least once a month by the Company Liquidator personally. A certificate of verification of Cash....
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....of account as the Company Liquidator may think necessary and appropriate. The following heads of account may be found suitable:— (1) Property account 191 192 (2) Investments account THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] (3) Book Debts & Outstandings account (4) Calls (5) Rents Collected (6) Interest on Securities and Deposits (7) Advances received (8) Miscellaneous receipts payments (9) Establishment (10) Legal charges (11) Rents, Rates and Taxes (12) Fees and Commission account (13) Other expenses (14) Suspense account (15) Secured creditors and Preferential (16) Dividend account. 2. The entries in the General Ledger should be posted from the Company's Cash Book. 3. The total of the debit balances and the total of the credit balances of the several heads of account in the General Ledger should agree, after taking into consideration the cash and bank balances as shown in the Company's Cash Book. The totals should be tallied once a month. FORM WIN 38 E [See rule 80] Cashier's Cash Book Date Particulars Amount received Amount paid Balance Rs. P. Rs. ....
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....g-up, should be entered in this Register. Company Petition No... ..of 20....... FORM WIN 38 J [See rule 80] Tenants Ledger Name of Company.. 1. Description of property: (in liquidation) 2. Name and address of tenant : 3. Date of tenancy: 4. Period of tenancy: 5. Rent (monthly or annual) : 6. Special terms, if any: 7. Arrears on date of taking charge of property: 8. Advance received, if any: 19/20.... Month 1 January February, etc. Balance Amount P. Demand Realisation Amount Date Rs. P. Amount Rs. P. Rs. 2 3 4 5 Remarks 6 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण FORM WIN 38 K [See rule 80] Suits Register Company Petition No of 20... Name of Company.............. (in liquidation) 195 Serial number Number of Name and Name and Amount Date Dates of Date of Nature address of address of of of hearing decree of Amount decreed Costs decreed Reference....
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....inistered 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 Remarks 78910 11 12 13 14 15 16 Instructions: 1. Only claims admitted either wholly or in part should be entered in this Register. 2. The page on the left side should be reserved for claims and the page on the right side for Dividends. [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण FORM WIN 38 O [See rule 80] Contributories' Ledger Petition No. ..of 20.... Name o....
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....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. [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 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 80] Register of Unclaimed Dividends & Undistributed Assets Deposited into the Company Liquidation Dividend and Undistributed Assets Account in the Scheduled Bank by t....
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.... loss upon the realisation of temporary investments 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....
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....Total withdrawals from Bank Balance at Bank *3. Amounts invested by Company Liquidator Less Amounts received by realisation of investment Deduct profit or add loss on realisation of investment (carried into account) 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....
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.... WIN 41 1. Name of company: [See rule 92] 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 Company Liquidator's Final Account 2. Date of winding-up order: 3. Date of commencement of winding-up: 4. Period of account: Realisations Date Of whom Nature Receipt received Disbursements of assets number Amount Date Rs. P. Το 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....
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....id into the said account during the period of this account Total (b) Unclaimed dividends and undistributed assets pending payment into the Company Liquidation Dividend and Undistributed Assets Account in the Scheduled Bank. 5. Particulars of unclaimed dividends and undistributed assets paid into the Company Liquidation Dividend and Undistributed Assets Account in Scheduled Bank during the period of account: Number on list of creditors or contributories 1 Name and address of creditor Amount of divi- dend or asset payable or contributory 2 3 Date of payment into Company Liquidation Dividend and Undistributed Assets Account 4 6. Particulars of unclaimed dividends or undistributed assets pending payment into the said account Number on list of creditors 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 [S....
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....im at such time and place as shall be specified in such notice and shall produce such further evidence of his debt or claim as may be required. Dated this...........day of 20 .... Company Liquidator 207 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] I, follows:- à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण FORM WIN 44 [See rule 103] 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..... Affidavit of proof of debt of, etc. (full name, address and occupation of deponent to be given) do solemnly affirm and state as 1. The above-named company was, at the date of the order winding-up the same*, viz., the...... ...day of….………………………………..20...., 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., good....
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....PANY 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 Proof of debt of workmen I,.....of etc., (fill in full name, address and occupation of deponent), on behalf of the workmen and others employed by the above-named company, solemnly affirm and say:— That the above-named company was, on the.....day of.....20..., and still is justly and truly indebted to the several persons whose names, addresses and descriptions appear in the Schedule below in sums severally set against their names in column 7 of the said Schedule for wages due to them respectively as employees or others in the employees of the company, in respect of services rendered by them respectively to the company during such periods as are set out against their respective names in column 5 of the said Schedule, and for the accrued holiday remuneration so due to them in respect of such periods as are so set out in column 6 of the aforesaid Schedule, for which said sums or any part thereof, I say that they have not, nor has any of them, had or received ....
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....om the date of the service of this notice. Dated this............day of 20.......... Company Liquidator 210 To THE GAZETTE OF INDIA: EXTRAORDINARY [See rule 115] FORM WIN 48 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 of admission of proof [PART II SEC. 3(i)] You are hereby informed that your claim against the above-named company has been allowed at the sum of Rs...... Sd/- FORM WIN 49 [See rule 116] 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. Appeal No. .of 20... ..of 20... Creditor Applicant Appeal by creditor Company liquidator The appeal of (full name, description, occupation and address of applicant) showeth :- 1. The address of the appellant for the service of all notices, Shri......... ..at.. processes, etc., is 2. The company named, viz.,. ..(hereinafter referred to as 'th....
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.... that in the first part of the said list are set out debts and claims admitted by me in full or in part, and the amounts admitted altogether amount to Rs..... In the second part are set out the claims which have been wholly rejected by me. First Part DEBTS AND CLAIMS ADMITTED WHOLLY OR IN PART Serial Name, address No. and description of creditor Particulars of debt or claim Amount claimed Amount admitted Whether admitted as preferential Second Part CLAIMS WHICH HAVE BEEN WHOLLY REJECTED Serial No. Name, address & description of Particulars of debt of Amount creditor claim of claim Sd/ Company Liquidator 211 212 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] FORM WIN 51 [See rule 130] 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 by Company Liquidator requiring payment of money or delivery of property, books, etc., to the Company Liquidator I, the undersigned, the Company Liquidat....
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....No. ...of 20... Affidavit in support of application for leave to make a call I, A. B., the Company Liquidator of the above-named company, solemnly affirm and say as follows :- 1. The above-named company was, by the order of the Tribunal dated. wound up by the Tribunal. day of ....20...., ordered to be 2. The list of contributories of the said company was settled on.....day of .....20...., and.....persons have been settled on the list in respect of the total number of...........shares. 3. I have in the Schedule hereunder set forth a statement showing the amount due in respect of the debts proved and admitted against the said company and the estimated amount of the costs, charges and expenses of and incidental to the winding up of the affairs thereof which several amounts form in the aggregate the sum of Rs. ......or thereabouts. 4. I have also in the said Schedule set forth a statement of assets in hand belonging to the said company amounting to the sum of Rs. and no more, out of which I have realised the sum of Rs. .......I estimate that the assets still remaining to be collected will realise approximately Rs..... There are no othe....
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....Before the Hon'ble Member of the Bench... Dated:. Order giving leave to make a call Upon the application of the Company Liquidator of the above-named company, and upon reading the order to wind up the above-named company, the list of contributories of the said company and the Company Liquidator's (or, the Tribunals) certificate of the final settlement of the same filed on the day ....of..20...., the affidavit of the said Company Liquidator filed on the day of 20...., and upon hearing, etc. IT IS ORDERED that leave be given to the Company Liquidator to make a call of Rs. the contributories of the said company (or as the case may be); ......day of .per share on all And it is ordered that each contributory do, on or before the .20...., pay to the Company Liquidator at his office or into the scheduled bank to the credit of the special bank account of the said company, the amount due from such contributory in respect of such call. Dated this............day of 20........ (By the Tribunal) Registrar [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥....
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....Applicant Application to enforce call .20...., at......o'clock in the .noon, on Let all parties concerned attend the Tribunal on the.....day of... the hearing of an application made by the Company Liquidator of the above named company for an order that the several persons named in the column 2 of the Schedule to this application, being respectively contributories of the above company be ordered to pay to the said Company Liquidator at his office or into the scheduled bank to the credit of the special bank account of the said company, the several sums set opposite their respective names in the column 6 of the said Schedule hereto, such sums being the amounts due from the said several persons respectively in respect of the call of Rs........per share, made by the applicant, with interest thereon at six per cent per annum from the date of the order, and that the said several persons may be ordered to pay to the applicant the costs of and incidental to this application. No. Name and description Address SCHEDULE In what character included Amount Amount of call due 2 3 4 5 6 Dated this......day of......
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....tive of L.M., late of ....etc., deceased), one of the contributories of the said company [or, if against several contributories. That the several persons named in column 2 of the Schedule to this order, being respectively contributories of the said company] do on or before the ..day of...20..., pay to the Company Liquidator of the said company at his office or into the Scheduled Bank to the credit of the special bank account of the said company, the sum of Rs. ..(If against the legal representative add, out of the assets of the said L.M. deceased in his hands as such legal representative as aforesaid) [or if against several contributories, the several sums of money set opposite to their respective names in column 5 of the said Schedule ], being the amount(s) due from the said C.D., [or L.M., or the said several persons respectively] in respect of the call of Rs. ........per share duly made pursuant to the said order of this Tribunal. And it is further ordered that said C.D., [or L.M. or the said several persons] do also pay interest at the rate of six per cent. per annum on the said amount(s) specified in column 5 of the aforesaid Schedule from this....
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....FORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) Upon the application dated..... (Company incorporated under Companies Act,.....) Application No....... ..of 20.... Company Liquidator —Applicant Before the Hon'ble Member of the Bench. Dated.. Order for examination under section 299 .20...., of the Company Liquidator (or of X, Y, a contributory) of the above- named company and upon hearing, etc., and upon reading the order to wind up the said company (or, the order appointing a Provisional Liquidator), dated.... .20....., and the statement of the Company Liquidator (or, the affidavit of the said X. Y.) filed... It is ordered: 1. That.. ..20....... ..(name and description)* be summoned to attend the Tribunal on the day of ..... .20....., at.........'clock in the........noon, for the purpose of being examined under section 299 concerning [the property (or books or papers) of the company in his possession or his indebtedness to the company or the promotion, formation, trade, dealings, property, books or papers, or affairs of the company ] [and the said........be re....
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....st. A sum of Ris herewith tendered (or, sent separately by postal money order) for your expenses in connection with the aforesaid examination. Dated this.. day of 20.... Company Liquidator. 219 Registrar 220 THE GAZETTE OF INDIA: EXTRAORDINARY FORM WIN 64 [See rule 144] 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 Before the Hon'ble Member of the Bench.......... Order directing examination [PART II SEC. 3(i)] Upon reading the further report of the Company Liquidator in the above matter dated the............day of20, made under section 281(4), etc. of the Companies Act, 2013, IT IS ORDERED: 1. That the several persons whose names and addresses are set forth in the Schedule hereto do attend before the Tribunal on the day and hour to be appointed for the purpose, and be examined as to the promotion or formation or the conduct of the business of the company, or as to their conduct and dealings as officers of the company. 2. That notice of the date fixed fo....
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....lding the said examination; Notice is hereby given that you are required to attend at the said time and place and at any adjournments of the examination which may be ordered, and to bring with you and produce all books, papers, and writings and other documents in your custody or power in any way relating to the above-named company. And take further notice that if you fail, without reasonable excuse, to attend at the said time and place and at any adjournments of the said public examination, a warrant for your arrest will issue, and you will be liable to be committed to prison without further notice. Note: A copy of the report of the Company Liquidator on which the order for examination was made will be furnished to you on payment of the prescribed charges for the same. Dated this............day of...........20...... To X.Y., (Name) (Description and address) Company Liquidator. FORM WIN 67 [See rule 147] 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 ....
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....here 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 the said A.B., into your custody and bring him before the Tribunal with all convenient speed. You are further ordered to return this warrant on or before.......20...., with an endorsement certifying the day on which and the manner in which it has been executed, or the reason why it has not been executed. Given under my hand and the seal of the Tribunal this day of...20..... Tribunal [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] To à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण FORM WIN 69 [See rule 151] BEFORE THE NATIONAL COMPANY LAW TRIBUNAL BENCH AT. IN THE MATTER OF -----LTD (give the name of the company) (Company incorporated under Companies Act,......) The Officer in charge of the Jail, .Jail. Petition No.......of 20..... .Petitioner Warrant for keeping in prison 223 Whereas A.B., whose attendance is required before this Tribunal for being examined under section 301,....
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......... 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......., under the provisions of the Companies Act, 2013 and the Companies (Winding Up) Rules 2020, and Whereas he is outside the jurisdiction of this Tribunal and is believed to be within the jurisdiction of the Court of.................. (or, the Court of Small Causes at Mumbai, Kolkata or Chennai, as the case may be), These are to request you to cause the said warrant to be executed. You are further requested to return this warrant on or before.......20...., with an endorsement certifying the day on which and the manner in which it has been executed or the reason why it has not been executed. Should the said contributory on being produced before you, furnish security to your satisfaction in a sum of Rs...for his due appearance before this Tribunal for examination under section 301 on such dates and such times as may be intimated to him by this Tribunal, the s....
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....espondents 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 the [Company] Liquidator by the said respondents of the said sum of Rs.............or such other sum as to the Tribunal shall seem fit. 5. An order that for the purpose of giving effect to the foregoing declarations, the liability of the respondent….………………………..(name) shall constitute a first charge on [Here set out the debt, mortgage or interest of the respondent on which the charge is created under section 339(2)(b)], [and that the liability of the respondent C.D., thereunder shall be and constitute a first charge on the debenture issued by the said company to him, and the money secured thereby]. 6. An order that the respondents do pay to the applicant costs of and incidental to this application. ....
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....intly 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 think fit to make. Dated this day of 20..., Representative for applicant Registrar. [This summons was taken out by Shri representative for the applicant.] To (respondents) Note: If you do not attend, either in person or by your representative, at the time and place above-mentioned, such order will be made and proceedings taken as the Tribunal may think just and expedient. FORM WIN 74 [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, .....) Application No. [Company Petition....
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..... ......... 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 severally liable to make good to the company in consequence of such misfeasance or breach of trust]. And the Company Liquidator/Liquidator/A.B., the applicant claims :— (1) A declaration that the respondents and each of them as past (or present) directors [or, as the case may be] as aforesaid, have been guilty of misfeasance and breach of trust in relation to the company as aforesaid. (2) An order that the respondents and each of them do repay to the (Compa....
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....of the above-named company. To (Signature) (Company) Liquidator of the said company [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 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- named company may be at liberty within days of the order to be made herein to given notice to of of his intention to apply to the Tribunal for leave to disclaim [here specify the property, lease or contract etc., and the interest of the company therein to be disclaimed, with short particulars thereo....
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....imited 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 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 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 of the said company, do solemnly affirm and say as follows:― 1. The above-named company [hereinafter referred t....
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.... 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 ....
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....s. ......... in the case may be)]. Dated this day of.. 20 ... (By the Tribunal) Registrar. *Note: Where the Tribunal has made an order extending the time, that order should also be mentioned in the preamble to this order. [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 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 ......
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....therein named, the company demised (part* of) the said premises to the said C.D. [or By a mortgage or charge dated the..... , 20........, and duly registered with the Registrar of Companies, the company charged the said premises to secure the repayment of a sum of Rs together with interest at………………………………………………….] ..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 …….………. 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 the……...... notice thereof on or about the 20, on the said A.B., the applicant; 20 of the said A.B....
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....— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 6. And whereas the said order was duly served on the said C.D., as appears from the affidavit of..... filed.. .20...... 7. And whereas the said C.D., has not applied or intimated his intention to apply for a vesting order within the time limited by the said order [*or the said 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 premises……..... 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....
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....rity. Dated at....... .this......................day of ., 20............ Company Liquidator Notes: 1. The receipt and authority should, in the case of a firm, be signed in the firm's name, and in the case of a limited company, by an officer of the company so described. 2. If you do not claim the dividend, declared and payable as above, within six months after the date when it became payable, the Company Liquidator shall pay the said amount into the Company Liquidation Dividend and Undistributed Assets Account in the Scheduled Bank, under section 352(2) of the Companies Act, 2013. *Insert here '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.....
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....f Amount Net return Date Remarks and as in contri- of shares amount amount calls at return of of return payable parti- settled butory held as called paid up date of capital payable culars as of list in transfer H settled list per up return appro- at.........per of settled list priated by Liqui- share interest or other dator for arrears vari- ation in list of calls 1 2 3 4 Rs.. 5 Rs.. Rs.. Rs.. Rs.. Rs.. 6 7 8 9 10 11 12 Note: Where the articles of the association of the company provide that the amount divisible among the members or any class of members shall be divisible in proportion to the amount paid up or which ought to have been paid up at the date of winding up, or contain any other provision which will necessitate further information 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 ....
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....ompany Liquidator of.. .....(company) Note: This is an authority only to deliver, and not to make the return payable to another person. 239 240 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(i)] FORM WIN 94 [See rule 179] State the number of the petition and the date of the order. Statement of unclaimed dividends or undistributed assets, paid under section 352 (1) and (2), into the Company Liquidation Dividend and Undistributed Assets Account. Name of the company Nature of the proceeding* Date of commencement of winding up Date of payment into the Company Liquidation Dividend and Undistributed Assets Account I. Particulars of the unclaimed dividends paid into the Companies Liquidation Dividend and Undistributed Assets Account in the Scheduled Bank. Number on list of creditors Name of Last the known Date declaration creditor address to whom of and rate of dividend of Total Last date amount of when dividend payable Amount paid into Remarks Companies payable and the creditor dividend Date rate is due Liquidation Dividend Undistribut....