Duties of
Solicitor.

Forms.

Solicitor's fees.

As to close of winding-up by the Court see secs. 159, 161, supra, pp. 130, 131, and of voluntary winding-up, secs. 186, 187, and under supervision sec. 195, supra.

62. When the proceedings for winding-up any Company have been completed, the file of proceedings() and the book containing the official liquidator's account, shall be deposited in the records of the Court.

G.O. rule 67, substituting "Record and Writ Clerk's office" for "Records of the Court." Bengal rule 62 provides that all books, papers and documents belonging or appertaining to the Company, and the book containing the official liquidator's account, shall be deposited in Court.'

(i) See rule 53, supra.

By sec. 171, supra, p. 156, in voluntary winding-up the books, &c., shall be disposed of as the Company by extraordinary resolution directs.

Duties of Solicitors of Official Liquidator.

63. The attorney, or in Courts other than the High Court, the vakcel of the official liquidator shall conduct all such proceedings as are ordinarily conducted by attorneys of the High Court, or by vakeels in such other Courts; and where the attendance of his attorney or vakeel is required on any proceedings in Court or Chambers, the official liquidator need not attend in person, except in case where his presence is necessary in addition to that of his attorney or vakeel, or the Court shall direct him to attend.

GO. rule 68, omitting "or in Courts other than the High Court," &c.

In Bengal rules this rule is omitted.

Forms.

64 The forms set forth referred to in the second schedule to these orders, with such variations as the circumstances of each case may require, may be used for the respective purposes mentioned in such schedule.

G. O. rule 69; Bengal rule 63.

Fees.

65. Attorneys and vakeels shall be entitled to charge and be allowed the fees set forth and

referred to in the first schedule hereto, unless the Court shall otherwise specially direct.

G. O. rule 70. This rule is omitted in Bengal rules.

G. O. rule 71 as to Court fees is omitted in Bombay and Bengal rules, being provided for by the Court Fees Act VII. of 1870.

Taxation of Costs.

costs.

66. Where an order is made by the High Court Taxation of in Court or in Chambers for payment of any costs, the order shall direct the taxation thereof by the taxing officer; except in cases where a gross sum in lieu of taxed costs is fixed by the order.

G. O. rule 72; Bengal rule 64.

Power of Court.

power of

67. The power of the Court to enlarge or General abridge the time for doing any act, or taking any Court. proceeding, to adjourn, or review any proceeding, and to give any direction as to the course of proceeding, is unaffected by these rules.

G. O. rule 73, substituting "Judge" for "Court." This rule is omitted from the Bengal rules.

As to enlargement of time see Buckley, 4th ed., 568, note to rule 4

Leaving Accounts, &c.

to be left with Protho

68. All accounts, lists, notices, and other docu- Accounts &c. ments directed by these rules to be left with the High Court shall be left with the prothonotary of the notary. Court.

This rule is in the Bombay rules only.

General Directions.

69. The general practice of the Court, including General the course of proceeding and practice in Chambers practice to apply. and the rules of the Court relative thereto, shall, in cases not provided for by the Indian Companies' Act 1866, or these rules, and so far as the same are applicable and not inconsistent with the said Act or these rules, apply to all proceedings for winding-up a Company.

G. O. rule 74, mutatis mutandis; Bengal rule 65.

Affidavits and attorneys.

Application

of Rules.

Affidavits and Attorneys.

70. In all cases in which by law a person may make a solemn affirmation instead of an affidavit, the word affidavit in these rules shall be deemed and taken to mean a solemn afirmation; and in proceedings in Courts, other than the High Court, on its original jurisdiction side, the word attorney in these rules shall be deemed and taken to mean a vakeel.

This rule is omitted from G. O. and Bengal rules.

Application of Rules.

71. These rules apply only to proceedings under the Indian Companies' Act, 1866.

G. O. rule 75. This is omitted from Bengal rules.

Commencement of Rules.

72. These Rules shall take effect and come into operation on and after the twentieth day of August 1866.

The English rules take effect from 25th November 1862; the Bengal rules from 5th July 1866.

In the English rules there followed rule 77, providing for interpretation of the rules, which is omitted from Bombay and Bengal rules.

The First Schedule.

Fees and Charges to be allowed to Attorneys.

For attending any summons or other application at the Judge's
Chambers, per hour

Or where from the length of the attendance or the difficulty of the
case the Judge shall think this fee an insufficient remunera-
tion for services performed; such fee as the Judge may
allow to the solicitors by a memorandum in writing expressly
made for that purpose and signed by the Judge specifying
distinctly the ground of such allowance

For notice and services where the service may be effected as provided by rule 58........

Rs.

10

1 For other duties performed, such of the fees authorised by the rules and regulations of the High Court as to attorney's fees as are applicable.

Note. The fees for notices and services are not to apply where the same solicitor is for both parties, unless it is necessary for the purpose of making an affidavit of service.

The Second Schedule.

Forms.

1. Advertisement of petition (Rule 2).

2. Affidavit verifying petition (Rule 4).

3.

4.

5.

6.

Order for winding-up by the Court (Act X. of 1866, secs. 103, 104). (Secs. 130, 131 of Act supra).

Order for winding-up subject to supervision (Act X. of 1866, secs. 163, 164). (Secs. 191, 192 of Act supra).

Advertisement of order to wind-up (Rule 6).

Advertisement of time and place fixed for the appointment of official liquidator (Rule 9).

7. Proposal for appointment of official liquidator and sureties where form No. 6 has been issued.

8. Order appointing an official liquidator (Rules 10, 11).

9. Order appointing a provisional official liquidator (Rules 10, 11, 14, 15).

10. Recognizance of the official liquidator and sureties (Rule 10). 11. Affidavit of sureties (Rule 10.)

12. Sanction of appointment of attorney to official liquidator (Act X. of 1866, sec. 118). (Sec. 146 of Act supra).

13. Order for payment of money or delivery of books, &c., to official liquidator (Act X. of 1866, Sec. 121, 122). (secs. 149, 150 of Act supra).

14. Direction to open account at the Bank of Bombay (Rules 11, 34,

35, 42).

15. Advertisement of appointment of official liquidator (Rule 13).

16.

17.

Advertisement for creditors (Rule 19).

Affidavit of official liquidator as to debts and claims (Rule 21).

18. Exhibit referred to in affidavit No. 17.

19. Notice to creditor of allowance of debt (Rule 22).

20. Notice to creditors to come in and prove their debts (Rule 23). 21. Affidavit of creditor in proof of debt (Rule 23).

22. Settlement by the Court of debts and claims (Rule 26).

23. Notice to creditors to attend to receive debt (Rule 26).

24. Affidavit in support of list of contributories (Rule 27).

25.

List of contributories referred to in form No. 24.

26. Notice to contributories of appointment to settle list of contributories (Rule 28).

27. Affidavit of service of notice (Rule 28).

28.

The schedule referred to in form No. 27.

29. Supplemental list of contributories and affidavit in support (Rule 28).

30. Supplemental list of contributories referred to in form No. 29. 31. Settlement by the Court of the list of contributories (Rule 29).

32. Order on application to vary list (Rule 27).

33. Affidavit of official liquidator in support of proposal for call (Rule 31).

34. Summons for intended call (Rule 31).

35. Advertisement of intended call (Rule 31).

36. General order for a call (Rule 32).

37. Notice to be served with the General Order for a call (Rule 32). 38. Affidavit in support of application for order for payment of call due from contributories (Rule 33).

39. Order for payment of call due from a contributory (Rule 33). 40. Notice to be indorsed on or served with every order directing payment of money into the Bank of Bombay (Rule 37).

41. Certificate of payment of money into the Bank of Bombay (Rule 37).

42. Affidavit of service of order for payment of call (Rule 33).

43. Affidavit of non-payment of money by order directed to be paid into Bank of Bombay (Rule 38).

44. Request to invest cash in Government promissory notes (Rule 41). 45. Notice (or advertisement) of meeting of creditors or contributories (Rule 43).

46. Appointment of proxy to vote at meeting of creditors or contributories (Rule 44).

47. Memorandum of appointment of a person to act as chairman at meeting of creditors or contributories (Rule 45).

48. Chairman's report of result of meeting of creditors or contributories (Rules 43, 44, 45).

49. Memorandum of sanction of Judge to accepting bill of exchange

(Rule 46).

50. Memorandum of agreement of compromise with a contributory

(Rule 47).

51. Memorandum of sanction of Judge to agreement of compromise

(Rule 47).

52. Order or memorandum of the sanction of the Judge for certain acts to be done by the official liquidator (Rule 48).

53. Appearance Book (Rule 57).