Supreme Court (Companies) Rules, 1934




(j) Applications for meetings under section 159 of the Act:
(k) Applications for facilitating reconstructions or amalgamations of
companies under section 160 of the Act where the matters to
which such applications relate have not been dealt with, or fully
dealt with, on the hearing of the petition to sanction the com-
promise or arrangement to which they relate:
(l) Applications by a dissenting shareholder for the purpose of pre-
venting the acquisition of his shares under section 161 of the
Act:
(m) Applications for leave under subsection (4) of section 268 of the
Act.
11. (1) Where the petition has been presented pursuant to paragraph
(a), (b), (d), (e), (h), or (i) of rule 7 of these rules, or where an order
is sought under section 160 of the Act, an application shall, in every case,
be made by motion in Chambers, to a Judge, for directions as to the
proceedings to be taken.
(2) Upon the hearing of the motion, or upon any adjourned hearing
or hearings thereof or any subsequent application, the Judge may make
such order or orders and give such directions as he may think fit as to all
the proceedings to be taken, and more particularly with respect to the
following matters, that is to say :—
(a) The publication of notices :
(b) In cases where the Court orders an inquiry as to the debts, claims,
or liabilities of or affecting a company or as to any of such debts,
claims, or liabilities, the proceedings to be taken for settling the
list of creditors entitled to object, including the dispensing with
the observance of section 68 (2) of the Act as regards any class
or classes of creditors, fixing the date with reference to which
the list of such creditors is to be made out, and generally fixing
a time for and giving directions as to all other necessary or proper
steps in the matter, whether expressly mentioned in any of these
rules or not. In such cases the first order upon the motion
for directions may be in the form No. 1 in the Schedule hereto,
with such variations as the circumstances of the case may
require.
12. In cases where the Court has ordered any such inquiry as aforesaid
the following provisions shall apply :—
(a) The company shall, within seven days after such order or such
further or other time as the Judge may allow, file in the registry an affidavit
made by some officer or officers of the company competent to make it,
verifying a list containing so far as possible the names, addresses, and
descriptions of the creditors of the company to whom such inquiry extends.
The said list shall also contain the amounts due to the creditors therein
named respectively in respect of debts, claims, or liabilities to which the
inquiry extends, or in the case of any such debt payable on a contingency
or not ascertained or any such claim admissible to proof in a winding-
up of the company the value, so far as can be justly estimated, of such debt
or claim. Every such list shall be annexed to the affidavit verifying it.
(b) The person making any such affidavit shall state therein his belief
that the list verified by such affidavit is correct, and that there was not at
the date so fixed as aforesaid any debt, claim, or liability which, if that
date were the commencement of the winding-up of the company, would
be admissible to proof against the company, except the debts, claims, and
liabilities set forth in such list and any debts, claims, or liabilities to which
the inquiry does not extend, and shall state his means of knowledge of the
matters deposed to in such affidavit. Such affidavit may be in the form
No. 2 in the Schedule hereto, with such variations as the circumstances
of the case may require.
(c) Copies of such list containing the names, addresses, and descriptions
of such creditors, and the total amount so due to them (including the value
of any debts or claims estimated as aforesaid), but omitting the individual
amounts so due to them respectively, or (as the Judge shall think fit) com-
plete copies of such list, shall be kept at the registered office of the
company, and at the office of the solicitors to the company, and at the
address for service of the company, and any person desirous of inspecting
such copies may at any time during the ordinary hours of business inspect
and take extracts from such copies on payment of the sum of one shilling.
(d) The company shall, within seven days after the filing of such affidavit
or such further or other time as the Judge may allow, send to each creditor
whose name is entered on the said list a notice stating the amount of the
proposed reduction of capital, the effect of the order directing the inquiry,
and the amount or estimated value of the debt or the contingent debt or



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⚖️ Supreme Court (Companies) Rules, 1934 (continued from previous page)

⚖️ Justice & Law Enforcement
20 November 1934
Rules, Companies Act, Supreme Court, Judicature Amendment Act