RULES made by the High Court of Judicature at Bombay, pursuant to section 189 of the Indian Companies Act X. of 1866, [see sec. 254, supra.] The rules made by the High Court of Judicature at Fort William, Bengal, pursuant to Act X. of 1866, sec. 189, are practically the same, but the differences between them and the Bombay rules will be found noted to the latter rules respectively. Both sets of rules are modelled on the general orders of 11th November 1862, issued by the English Court of Chancery. These orders will be denoted by the letters G. O. 34-39 40-42 43-45 46-48 Payment in of Monies and Deposit of Delivery out of Securities and Payment out and Investment of Monies Meetings of Creditors or Contributories. Advertisements Affidavits 49 50 51 52-53 54 55-57 58-59 60-62 Register and File of Proceedings Provisional Official Liquidators. Attendance and Appearance of Parties...... Termination of Winding-up ... Duties of Solicitors of Official Liquidator. 63 Title of Advertisement of Petition. 1. Every petition for the winding-up of any Company by the Court, or subject to the supervision of the Court, shall be intituled: In the matter of "the Indian Companies' Act, 1866," and of the Company to which such petition shall relate, describing the Company by its most asual style or firm. G. O. rule 1, Bengal rule 1, verbatim. Semble, all petitions, &c., should now be headed "In the matter of the Indian Companies' Act VI. of 1882." 2. Every such petition shall be advertised 14 clear days before the hearing, as follows: (1) In the case of a Company whose registered office(i), or if there shall be no such office, then whose principal or last known principal place of business is, or was situate within the Island of Bombay, once in the Bombay Government Gazette, and once at least in two English Daily Newspapers and two Native Newspapers published in Bombay. (2) In the case of any other Company, once in the Bombay Government Gazette, and once at least in two local newspapers, or if there should be none such, in two newspapers circulating in the district where such registered office or principal or last known principal place of business, as the case may be, of such Company, is or was situate, and also by proclamation affixed to the walls of the Court House. The advertisement(ii), shall state the day on which the petition was presented, and the name and address of the petitioner, and of his Attorney (if any)(iii). Fourteen days is here substituted for seven days in G. O. rule 2, and the Bengal rule 2. G. O. rule 2, mutatis mutandis. The Bengal rale, para. 1, provides for advertisement once in the Calcutta Gazette, and once at least in two Calcutta daily newspapers; in para. 2, once in the Calcutta Gazette or the Gazette of India, and where practicable, once at least in two newspapers circulating in the place where such registered office, or principal or last known principal place of business of such Company is or was situate, and also by proclamation affixed to the walls of the Court House. (i) See sec. 63, supra, p. 58. (ii) See form 1 in schedule hereto. (iii) See rule 70, post. The seven days under G. O. rule 2, may be counted in the vacation, Buckley, 4th ed., 563, and case there cited. See further as to the practice under the rule there, ibid. (564, 565) and eases there cited. 3. Every such petition shall, unless presented by the Company, be served at the registered office (i) (if any) of the Company, and if no registered office, then at the principal or last known principal place of business of the Company, if any such can be found, upon any member, officer, or servant of the Company there, or in case no such member, officer, or servant can be found there, then by being left at such registered office or principal place of business, or by being served on such member or members of the Company as the Court may direct; and every petition of the winding-up of a Company, subject to the supervision of the Court(ii) shall also be served upon the liquidator (if any) appointed for the purpose of winding-up the affairs of the Company. G. O. rule 3, Bengal rule 3. (i) See sec. 63, supra, p. 58. (ii) See sec. 192, supra, p. 50. This rule is directory, not imperative. See Buckley, 4th ed., 506, 367, and cases there cited. 4. Every petition for the winding-up of any Company by the Court, or subject to the supervision of the Court, shall be verified by an affidavit(i) referring thereto, in the form or to the effect set forth in form No. 2 in the second schedule hereto-such affidavit shall be made by the petitioner, or by one of the petitioners if more than one, or in case the petition is presented by the Company, by some director, secretary, or other principal officer thereof, and shall be made and filed within four days after the petition is presented, and such affidavit shall be sufficient prima facie evidence of the statements in the petition. Copies of petition to G. O. rule 4. The Bengal rule 4 is as follows: "Every petition for the winding-up of any Company by the Court, or subject to the supervision of the Court, shall be verified in the form or as nearly as may be to the effect set forth in form No. 2 to the schedule hereto. Such verification shall be made by the petitioner or by one of the petitioners (if more than one), [or if by reason of absence or other good cause any person by whom or on whose behalf such petition is presented is unable himself to verify the same, the Court may permit some other competent person to verify the petition]. In case the petition is presented by any Company, the allegations thereof shall be verified by some director, secretary or other principal officer thereof. Such verification shall be made and filed within four days after the petition is presented, and such verified statement shall be sufficient prima facie evidence of the statements in the petition." The passage in brackets was added by the Calcutta High Court, and is in practically the same terms as sec. 28 of Act VIII. of 1859. Cf. sec. 51 of Act XIV. of 1882, Code of Civil Procedure. (i) See rule 70, post. The time for filing the affidavit may be enlarged; see the cases cited, Buckley 4th ed., 568. 5. Every contributory or creditor of the Combe supplied. pany shall be entitled to be furnished by the attorney to the petitioner with a copy of the petition within twenty-four hours after requiring the same, on paying at the rate of 8 annas per folio of 90 words for such copy. Advertisement and service of petition. Proceedings on order. G. O. rule 5. Bengal rule 5, provides that a copy of the petition is to be furnished" on payment of the usual and customary fees for copies of documents in such Court," ORDER TO WIND-UP COMPANY. 6. Every order for the winding-up of a Company by the Courti), or subject to its supervision(ii), shall within twelve days after the date thereof be advertised by the petitioner once in the Bombay Government Gazette, and shall be served upon such person (if any), and in such manner as the Court may direct. G. O. rule 6. Bengal rule 6, provides for advertisement once in Gazette of India, and once in Calcutta Gazette. (i) See secs. 131, 135, supra. (ii) See sec. 191, supra. (iii) Form of advertisement, see No. 5 post. 7. Within 10 days after any order for the winding-up of a Company has been sealed, a summons at |