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A petition for winding-up a company shall be in Form No.
45, 46 or 47, as the case may be, with such variations as the circumstances may require, and shall be presented in duplicate.
(2) It shall be open to any creditor or contributory to apply to the Court for leave to intervene in the appeal, and the Court may, if it thinks fit, grant the leave subject to such terms and conditions as may be just.
Where such leave has been granted notice of the hearing of the appeal shall be given to such creditor or contributory.
In a winding-up by the Court, the Official Liquidator shall, within three months from the date fixed for the submission of proofs under rule 147 of these rules or such further time as the Court may allow, file in Court a certificate in Form No.
71 containing a list of the creditors who submitted to him proofs of their claims in pursuance of the advertisement and the notices referred to in rule 148, 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.
The Official Liquidator may apply by summons to the Court for an order directing any person who, in his opinion, is liable to furnish a statement of affairs under section 454, to prepare and submit such a statement or concur in making the same.
Notice of the application shall be served on the person against whom the order is sought.
Where the person so summoned fails without lawful excuse to attend or produce any documents in compliance with the summons or avoids or evades service, the Official Liquidator may apply to the Court for the issue of a warrant for the apprehension of such person and the production before him of such documents as may be required, or for other appropriate orders.
If a creditor is dissatisfied with the decision of the Liquidator in respect of his proof, the creditor may, not later than 21 days from the date of service of the notice upon him of the decision of the Liquidator, appeal to the Court against the decision.
The appeal shall be made by a Judge’s summons; supported by an affidavit which shall set out the grounds of such appeal, and notice of the appeal shall be given to the Liquidator.
of the High Court/District Court of.....) A notice by the Official Liquidator requiring any of the persons mentioned in sub- section (2) of section 454 to submit and verify a statement of affairs of the company shall be in Form No.
55 and shall be served by the Official Liquidator as soon as may be after the order for winding-up or the order appointing the Official Liquidator as Provisional Liquidator is made.
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He shall at the same time take out a summons for the settlement of the list of creditors by the Court. It shall not be necessary to issue notice of the summons in the first instance and the summons shall be posted before the Court for directions together with the list of creditors and the affidavit verifying the same, filed by the Official Liquidator.