4. Summons for persons to attend at Chambers to be examined (Act X. of 1866, sec. 131). (Sec. 162 of Aet supra). 55. Declaration of the Company being completely wound-up and of the official liquidator having passed his final account (kule 60). 56. Order to dissolve the Company (Rule 61). No. 1.-Advertisement of Petition. (RULE 2.) In the matter of the Indian Companies' Act, 1862 and of the Notice is hereby given, that a petition for the winding-up of the above named Company by the (or subject to the supervision of the) ligh Court of Judicature at Bombay (or District Court of on the day of 186 presented to by the said Company (or A. B. of day of ) was a creditor or conAnd that the said 186 ; and any creditor or contributory of the said Company desirous to oppose the making of an order for the winding-up of the said Company under the above Act, should appear at the time of hearing; by himself or his counsel for that purpose; and a copy of the petition will be furnished to any creditor or contributory of the said Company requiring the same, by the undersigued, on payment of the regulated charge for the same. C. and D. of &c. Solicitors (or Vakeel) for the Petitioners. No. 2.-Affidavit verifying Petition. (RULE 4.) In the High Court of Judicature, Bombay, or in the District Court of In the matter, &c. I, A. B., of &c., make oath and say (or do solemnly affirm) that such of the statements in the Petition now produced and shewn to me and marked with the letter A, as relate to my own acts and deeds are true, and such of the said statements as relate to the acts and deeds of any other person or persons, I believe to be true. Sworn, &c. Or Solemnly affirmed, &c. No 3.-Order for Winding-up by the Court, Act X. of 1866, Secs. 103, 104. (Secs. 130, 131 of Act supra). High Court of Judicature, Bombay (or District Court of day the In the matter, &c. day of Upon the petition of the above named Company or, A. B. of &c., a creditor (or contributory of the abovenamed Company) on the day of 186, preferred unto the said Court, and upon hearing counsel for the petitioner, and for and upon reading the said petition, an affidavit (or solemn affirmation) of the said petitioner, filed, &c., verifying the said petition, an affidavit (or solemn affirmation of S. M.) filed the the Bombay Government Gazette of the Bombay Gazette Newspaper of the day of day of day of 186 (enter any other paper) each containing an advertisement of the said petition (enter any other evidence) this Court doth order that the said Company be wound-up by this Court under the provisions of the Indian Companies' Act, 1866. No. 4.-Order for Winding-up, subject to Supervision Act X. of 1866, Secs. 163-164. (Secs. 191-192 supra.) the The High Court of Judicature, Bombay, or District Court of day of In the matter, &c. 1866. Upon the petition, &c., this Court doth order that the voluntary winding of the said Company be continued, but subject to the supervision of the Court; and any of the proceedings under the said voluntary winding-up may be adopted as this Court shall think fit. And the creditors, contributories, and liquidators of the said Company, and all other persons interested, are to be at liberty to apply to a Judge of this Court at Chambers as there may be occasion. No. 5.-Advertisement of Order to Wind-up. In the matter, &c. By an order made by the High Court of Judicature at Bombay (or District Court of in the above matter, dated the 186 day of on the petition of the above named Company (or A. B. of ): It was ordered that, &c., as in order C. and D. of &c. Solicitors (or Vakeel) for the said petitioner. No. 6.-Advertisement of Time and Place fixed for the Appointment of Official Liquidator. (RULE 9). In the matter, &c. Notice is hereby given, that the Hon'ble Mr. Justice the Judge of the District of of the 186 at o'clock in noon, at his Chambers in the Court House of the High Court at Bombay (or at the District Court House ) as the time and place for the appointment of an official liquidator of the abovenamed Company. at G. H., Prothonotary (or as the case may be). No. 7.-Proposal for Appointment of Official Liquidator (and Sureties) where Form No. 6 has been issued. In the matter, &c. We, the undersigned contributories of the above named Company for the number of shares placed opposite our respective names, hereby propose Mr. R. P. H. of &c., public accountant, to be the official liquidator of the said Company (and II. N. of &c., and J. P. of &c., to be his sureties). Name. Address. No. of Shares held. No. 8.-Order appointing an Official Liquidator. (RULES 10, 11.) The High Court of Judicature at Bombay or District Court of In the matter, &c. 186 day of 186 Upon the application, &c., and upon reading, &c. The Court doth hereby appoint R. P. H. of &c., official liquidator of the abovenamed Company. (If security has not been given add, and it is ordered that the said R. P. H. do, on or before the next, give security to be approved of by the Court) And it is ordered that the said R. P. H. do, on the day of , and day of and the same days in each succeeding year, leave his accounts at the office of the prothonotary (or office) of the said Court. and it is ordered that all monies to be received by the said R. P. H. be paid by him into the Bank of Bombay (or the Branch nearest to the Court in which the matter is pending), to the credit of the account of the official liquidator of the said Company, within seven days after the receipt thereof. (In case two or more official liquidators are appointed add) And the said Court doth declare that the following Acts, required or authorized by the above Act to be done by the official liquidator may, be done by either (or any one, or two) of the official liquidators hereby appointed,) that is to say (describe the acts), and all other acts so required or authorized to be done by both (or all) the official liquidators hereby appointed. No. 9.-Order appointing a Provisional Official Liquidator. The High Court of Judicature at Bombay (or District Court of In the matter, &c. day of 186 Upon the application, &c, and upon reading, &c. The Court doth hereby appoint R. P. H. of &c. provisionally, official liquidator of the abovenamed Company. (If security dispensed with add, without security; or if security is to be given, add direction as to security, account and payment into the bank as in form No. 8.) And the said Court doth hereby limit and restrict the powers of the said R. P. H. as such provisional official liquidator, to the following acts, that is to say, (describe the acts which the provisional official liquidator is to be authorised to do.) No. 10.-Recognizance of the official liquidator and Sureties. In the matter, &c. The Hon'ble Mr. Justice Court allowed this recognizance to (RULE 10.) (or the Judge of the District ,) has approved of and day of G. H. 186 ,) R. P. H. of &c. W. B. of &c., and T. P. of &c., in the High Court of Judicature at Bombay (or District Court of ,) personally appearing, do acknowledge themselves, and every of them doth acknowledge himself to owe the respective sums of money set opposite to their respective names in the schedule hereto to be paid to the Hon'ble Mr. Justice a Judge of the said High Court (or Esquire, Judge of the said District Court of ) the said or one of them or the executors or administrators of them or one of them; and in default of payment of the said sums, the said R. P. H., W. B., and T. P. are willing and doth agree for himself, his heirs, executors and administrators, by these presents, that the said sums shall be levied, recovered, and received of and from them and every of them, and of and from them and every of them, and of and from all and singular the manors, messuages, lands, tenements and hereditaments, goods and chattels of them and every of them wheresoever the same shall be found. Witness the day of 186 . Whereas in the matter of, &c. (take title from order to wind-up) the High Court of Judicature at Bombay, (or District Court of the has by an order dated the appointed the said R. P. H. official liquidator of the said Company, and has thereby directed him to give security to be approved of by the said Court, or (in case the security precedes the order appointing,) has approved of the said R. P. H. as a proper person to be appointed official liquidator of the said Company, upon his giving security) And whereas the said Judge has approved of the said W. B. and T. P. to be sureties for the said R. P. H. in the amounts set opposite to their respective names in the schedule hereto and has also approved of the above written recognizance, with the under-written condition as a proper security to be entered into by the said R. P. H., W. B., and T. P., pursuant to the said order and (or, pursuant to) the General Order of the said Court in that behalf; and in testimony of such approbation the Hon'ble one of the Judges of the said Court (or in a District Court) Esq. the Judge of the said Court) hath signed an allowance in the margin hereof. Now the condition of the above written recognizance is such that if the said R. P. H. his executors or administrators or any of them do and shall duly account for what the said R. P. H. shall receive, or become liable to pay, as official liquidator of the said Company at such periods and in such manner as the said Court shall appoint, and pay the same as the said Court hath (by the said order) directed, or shall hereafter direct, then the above recognizance to be paid otherwise to remain in full force and virtue. Taken and acknowledged by the above named R. P. H., &c., &c. No. 11.-Affidavit of Sureties. (RULE 10.) In the High Court of Judicature Bombay (or the District Court of In the matter, &c. ) We, W. B. of &c. and T. P. of &c., severally make oath and say (or solemnly affirm) as follows: 1. I, the said W. B. for myself, say that I am worth the sum of Rupees of lawful money of British India, over and above what is sufficient for the payment of all my just debts and liabilities. 2. And I, the said T. P. for myself. say that I am worth the sum of, &c. (as above). of Rupees Sworn, &c., (or solemnly affirmed). No. 12.-Sanction of Appointment of Attorney or Vakeel to Official Liquidator and Appointment. (Act X. of 1866, sec. 118.) (See sec. 146, supra). In the matter, &c. The Court sanctions the official liquidator appointing an attorney (or vakeel) to assist him in the performance of his duties. No. 13.--Order for payment of money or delivery of books, &c., to the Official Liquidator (Act X. of 1866, 121, 123.) (see secs. 149, 151, supra). The High Court of Judicature at Bombay or District Court of Upon the application of &c, and on reading, &c. It is ordered that A. B. of &c., do, within four days after service hereof, pay to (or deliver, convey, surrender or transfer to or into the hands of) R. P. II. the official liquidator of the said Company, at the office of the said R. P. H. situate at &c., the sum of Rupees being the amount of debt appearing to be due from the said A. B. on his account with the said Company (or any sum or balance, books, papers, estate or effects specifying the property) now being in the hands of the said A. B., and to which the said Company is prima facie entitled (or otherwise as the case may be). No. 14.-Direction to open Account at the Bink of Bombay. The High Court of Judicature at Bombay (or District Court of day of In the matter, &c. 186 To the Secretary of the Bank of Bombay (or the Agent of the Branch of the Bank of Bombay at Sir, An order, dated the ). ) having been made in the above matter by the High Court of Judicature at Bombay (or District Court of for winding-up the |