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The Companies (Court) Rules, 1959

Contents
Sections Particulars
Part I General
1 Short title and commencement
2 Interpretation
3 Proceedings to be neat and legible
4 Form of proceedings
5 Language of proceedings
6 Practice and procedure of the Court and provisions of the Code to apply
7 Power of Court to enlarge or abridge time
8 Computation of time
9 Inherent powers of Court
10 Applications how made
11A Petitions
11B Judge's summons
12 Matters to be heard in open Court and in Chambers
13 Registers to be kept
14 Serial number of proceedings
15 Process to be sealed
16 Inspection and copies of proceedings
17 Forms
18 Affidavits
19 Form of Judge's summons and service thereof
20 Issue of summons
21 Affidavit verifying petition
22 Enclosures to petition
23 Summons for directions
24 Advertisement of petition
25 Contents of advertisement
26 Service of petition
27 Notice of petition and time of service
28 Service on company
29 Petitioner to effect service
30 Affidavit of service
31 Procedure on default of compliance as regards advertisement and service of notice
32 Mode of service and service when deemed to be effected
33 Validity of service and of proceedings
34 Notice to be given by persons intending to appear at the hearing of petition
35 List of persons, intending to appear, to be filed
36 Procedure at hearing of petition
37 Order to be drawn up
Part II Proceedings in matters other than Winding-Up 
38 Form of petition under section 17 and Summons for directions
39 Directions at hearing of summons
40 Notice to Registrar of Companies and Central Government
41 Procedure where creditors are entitled to object
42 Order confirming alteration
43 Petition under section 579
44 Petition for sanctioning the issue of shares at a discount
45 Order sanctioning issue to be delivered to Registrar of Companies
46 Form of petition for reduction of share capital and summons for directions
47 Procedure on hearing of summons
48 Directions at the hearing of summons
49 List of creditors
50 Affidavit verifying list of creditors
51 Inspection of list of creditors
52 Notice to creditors
53 Advertisement of petition and list of creditors
54 Affidavit of service
55 Affidavit by company as to the result of rules 52 and 53
56 Procedure where claim is not admitted, and proof of debt
57 Costs of proof
58 Certificate by the Judge as to creditors
59 Hearing of petition
60 Who may appear and oppose
61 Directions at hearing
62 Order on petition
63 Minute
64 Advertisement of reasons for reduction of capital
65 Form of minute and notice of registration
66 Petition to cancel variation of rights
67 Summons for directions to convene a meeting
68 Service on company
69 Directions at hearing of summons
70 Proxies
71 Application for stay
72 Application to vacate or vary order of stay
73 Notice of meeting
74 Advertisement of the notice of meeting
75 Copy of compromise or arrangement to be furnished by the company
76 Affidavit of service
77 Result of the meeting to be decided by poll
78 Report of the result of the meeting
79 Petition for confirming compromise or arrangement
80 Date and notice of hearing
81 Order on petition
82 Application for directions under section 394
83 Directions at hearing of applications
84 Order under section 394
85 Compromise or arrangement involving reduction of capital
86 Report on working of compromise or arrangement
87 Liberty to apply
88 Petition under section 397 or 398
89 Notice to Central Government
90 Order involving reduction of capital or alteration of memorandum
91 Application under section 407(1)(b) for leave to act as managing director, etc.
92 Notice to Registrar of Companies
93 Delivery of order and advertisement thereof
94 Registrar's costs of petition
Part III Winding-Up 
95 Petition for winding-up
96 Admission of petition and directions as to advertisement
97 Petition by a contingent or prospective creditor
98 Copy of petition to be furnished
99 Advertisement of petition
100 Application for leave to withdraw petition
101 Substitution of creditor or contributory for original petitioner
102 Procedure on substitution
103 Affidavit in opposition
104 Affidavit in reply
105 Stay of suit or proceeding pending petition
106 Appointment of Provisional Liquidator
107 Rules applicable to Provisional Liquidator
108 Costs, etc., of Provisional Liquidator
109 Notice to Official Liquidator of order
110 Contents of winding-up order and order appointing Provisional Liquidator
111 Order to he sent to Official Liquidator and form of order
112 Directions on making the winding-up order
113 Advertisement of the order
114 Official Liquidator to take charge of assets and books and papers of company
115 Form of proceedings after winding-up order is made
116 Application for stay of winding-up proceedings
117 Application for leave to commence or continue suit or proceeding
118 Application for transfer of suit or proceeding
119 Application for transfer
120 Transmission of records upon transfer of proceeding
121 Proceedings to be re-numbered
122 Notice to Official Liquidator
123 Official Liquidator of Transferee Court to be Liquidator
124 Notice to submit statement
125 Application by Official Liquidator under section 454(2)
126 Preparation of statement of affairs
127 Form of the statement
128 Extension of time for submitting statement
129 Expenses of preparing the statement
130 Officers of company to attend and give information
131 Duty of person making or concurring in statement
132 Default in complying with section 454
133 Dispensing with statement of affairs
134 Liquidator in voluntary winding-up or winding-up subject to supervision, to submit statement
135 Preliminary report by Official Liquidator
136 Inspection of statement and preliminary report
137 Further report by Official Liquidator
138 Consideration of report by Court
139 Summons for directions to be taken out by Official Liquidator
140 First meeting of creditors and contributories
141 Official Liquidator to report result of meeting and apply for directions
142 Application for order not to fill vacancy in Committee
143 Liquidator and members of the Committee dealing with company's assets
144 Committee of Inspection not to make profit
145 Costs of obtaining sanction of Court
146 Order sanctioning payment to Committee
147 Fixing a date for proving debts
148 Notice to creditors
149 Proof of debt
150 Mode of proof and verification thereof
151 Contents of proof
152 Workmen's wages
153 Production of bills of exchange and promissory notes
154 Value of debts
155 Discount
156 Interest
157 Periodical payments
158 Proof of debt payable at a future time
159 Examination of proof
160 Official Liquidator's right to summon any person in connection with the investigation
161 Oaths
162 Costs of proof
163 Acceptance or rejection of proof to be communicated
164 Appeal by creditor
165 Procedure where creditor appeals
166 Official Liquidator not to be personally liable for costs
167 Proofs and list of creditors to be filed in Court
168 List of creditors not to be varied
169 Notice of filing the list and inspection of the same
170 Procedure in the District Court regarding proof of claims
171 List of proofs and summons for directions
172 Direction at hearing of summons
173 Notice to be given to creditors
174 Settlement of list of creditors
175 Inspection of the list of creditors and the proofs filed
176 Expunging of proof
177 Procedure on failure to prove the debt within the time fixed
178 Right of creditor who has not proved debt before declaration of dividend
179 Payment of subsequent interest
180 Provisional list of contributories
181 Notice to be given of date of settlement of list
182 Settlement of the list
183 Certificate of final settlement to be filed in Court
184 Notice of settlement to contributories
185 Supplemental list of contributories
186 Variation of the list
187 Application by Official Liquidator for rectification of list
188 Application by contributory to vary the list
189 Official Liquidator not to be personally liable for costs
190 Settlement of the list of contributories in District Courts
191 Notice to be given of date of settlement
192 Settlement of the list
193 Supplemental list of contributories
194 Application for rectification of list
195 List of contributories consisting of past members
196 List of contributories under section 104(1)(b)
197 'Court meetings', 'Liquidator's meetings' and 'Voluntary Liquidation meetings'
198 Application of rules to meetings
199 Notice of meeting
200 Place and time of meeting
201 Notice of first or other meeting to officers of company
202 Proof of notice
203 Costs of calling meetings at the instance of creditor or contributory
204 Chairman of meeting
205 Resolution of creditors' meeting
206 Resolution on contributories' meeting
207 Copy of resolution to be filed
208 Non-receipt of notice by a creditor or contributory
209 Adjournments
210 Quorum
211 Procedure in the absence of quorum
212 When creditor can vote
213 Cases to which creditors may not vote
214 When secured creditor can vote
215 Effect of voting by a secured creditor
216 Procedure when secured creditor votes without surrendering security
217 Admission or rejection of proofs for purposes of voting
218 Minutes of proceedings
219 Report of Court meetings
220 Voting by proxies
221 Form of proxies
222 Proxies to Liquidator or Chairman
223 Use of proxies by deputy
224 Forms to be sent with notice
225 Proxies to be lodged
226 Holder of proxy not to vote on matter in which he is financially interested
227 Minor not to be appointed proxy
228 Filling in proxy where creditor or contributory is blind or incapable
229 Proxy of person not acquainted with English
230 Attendance at proceedings
231 Representation of creditors and contributories before Court
232 Powers of Official Liquidator
233 Official Liquidator to be in the position of a Receiver
234 Company's property to be surrendered to Official Liquidator on requisition
235 Calls by the Official Liquidator
236 Official Liquidator to realize uncalled capital
237 Application for leave to make call
238 Notice of application
239 Order granting leave to make a call and document making the call
240 Service of notice of call
241 Order for payment of call
242 Other moneys due by contributories
243 Application for examination under section 477
244 Directions at hearing of summons
245 Examination on commission or by interrogatories
246 Service of the summons
247 Conduct of the examination
248 Notes of the deposition
249 Order for public examination under section 478
250 Notice of public examination
251 Adjournment of public examination to Court
252 Procedure for contumacy Procedure for contumacy
253 Notes of examination
254 Shorthand notes of examination under sections 477 and 478
255 Application under section 478(7)(a)
256 Default in attending examination under section 477 or 478
257 Prison to which person arrested on warrant is to be taken
258 Execution of warrant of arrest outside ordinary jurisdiction of Court
259 Public examination under section 519
260 Applications under section 542 or 543
261 Directions at preliminary hearing of summons
262 Liberty to apply for further directions
263 Application for disclaimer
264 Preliminary hearing of the summons
265 Claimant to furnish statement of his interest
266 Service of notice
267 Order granting leave to disclaim
268 Disclaimer to be filed in Court
269 Vesting of disclaimed property
270 No claim to be compromised or abandoned without sanction of Court
271 Application for sanction of compromise
272 Sale to be subject to sanction and to confirmation by Court
273 Procedure at sale
274 Expenses of sale
275 Declaration of dividend or return of capital
276 Notice of declaration
277 Form of authority to pay dividend
278 Transmission of dividends by post
279 Form of order directing return of capital
280 Payment of dividend or return of capital due to a deceased creditor or contributory
281 Official Liquidator to apply for dissolution
282 Dissolution of the company
283 Liquidator to pay the balance into public account
284 Conclusion of winding-up
285 Application to declare dissolution void
286 Registers and Books to be maintained by the Official Liquidator
287 All moneys to be paid into the Reserve Bank
288 Bills, cheques and securities to be deposited into Bank
289 Payments into Bank under section 471
290 Official Liquidator's Dividend Account
291 Fees to be credited to Central Government
292 Where the company has no available assets
293 Investment of moneys
294 Official Liquidator to examine the accounts for purposes of investment
295 Investments to be made by the Bank
296 Dividend and interest to be credited
297 Refunds of Income-tax
298 Half-yearly accounts to be filed
299 Form of account
300 Nil account
301 Registrar to send copy of account to the auditor
302 Audit of the Official Liquidator's accounts
303 Audit certificate to be filed
304 Audit fees
305 Inspection of the account and certificate of audit
306 Account and auditor's report to be placed before Judge
307 Legal assistance for the Official Liquidator
308 Employment of additional or special staff
309 Apportionment of expenses of common staff
310 Applications under sections 463(2) and 545(3)
311 Annual Statement by the Official Liquidator under section 551
312 Applicability of Rules
313 Declaration of solvency in a members' voluntary winding-up
314 Statement to be laid before meeting of creditors under section 495(1)
315 Notice of appointment of liquidator
316 Order for winding-up subject to supervision
317 Security by liquidator appointed by Court
318 Limit of remuneration of liquidator
319 Restriction on purchase of goods by liquidator
320 Office of liquidator vacated by his insolvency
321 Resignation of liquidator
322 Duty of liquidator upon resignation
323 Books to be kept by the liquidator
324 Banking account of the liquidator
325 Bills, cheques and securities to be deposited in Bank
326 Investment of surplus funds
327 Liquidator's statements under section 551
328 Annual statement under sections 496 (1) (b) and 508 (1) (b)
329 Notice convening final meeting and the account to be laid before the meeting
330 Consideration by Court of the statements under section 551 and the final account, in a winding-up subject to the supervision of the Court
331 Returns to Registrar of Companies
332 Inspection by creditor or contributory of statements filed by liquidator
333 Audit of the liquidator's accounts
334 Applications under section 518
335 Statement to accompany payment
336 Unclaimed dividends or undistributed assets under investment
337 Application by person for payment of money paid into the Companies Liquidation Account
338 Cost and expenses payable out of the assets in a winding-up by the Court
339 Taxation of costs in Bombay, Calcutta and Madras
340 Registrar to be Taxing Officer
341 Costs in the discretion of the Court
342 Costs to be taxed in accordance with the practice and procedure of the Court
343 All proper charges to be allowed
344 Contents of bill of costs
345 Vouchers to be filed
346 Time for lodging bill
347 Bill of costs by advocate or other person employed by Official Liquidator
348 Scale of advocates' fees
349 Fees in misfeasance proceedings
350 Fees when proceeding is compromised
351 Fees to more than one advocate
352 Costs of parties having common interest
353 Court's power to fix a fee
354 Reference to Judge in Chambers
355 Allowance to witness
356 Taxation between advocate and client
357 Review of Taxation
358 Appeal against Review
359 Certificate of Taxation
360 Inspection of file
361 Saving of rules under Special Acts
Foot Notes

In exercise of the powers conferred by sub-sections (1) and (2) of section 643 of the Companies Act, 1956, and of all other powers enabling, the Supreme Court of India, after consulting the High Courts, hereby makes the following Rules:-



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