H 20
[Subsidiary]
L.N. 178/78.
Notice that winding-up order has been pronounced to be given to Official Receiver.
R. 37.
Forms 12 and 13.
Drawing up contents of winding-up order.
L.N. 178/78. R. 40.
Form 14.
L.N. 201/84.
and
Transmission and advertisement of winding-up order.
R. 41.
CAP. 32]
Companies (Winding-up) Rules
[1984 Ed.
in support of his petition when it is called on in court on the day originally fixed for the hearing thereof, or on any day to which the hearing has been adjourned, or (c) if appearing, does not apply for an order in the terms of the prayer of his petition, the court may, upon such terms as it may think just, substitute as petitioner any creditor or contributory who in the opinion of the court would have a right to present a petition, and who is desirous of prosecuting the petition. An order to substitute a petitioner may, where a petitioner fails to advertise his petition within the time prescribed by these rules or consents to withdraw his petition, be made in chambers at any time.
ORDER TO WIND UP A COMPANY AND ORDER UNDER SECTION 168A OF THE ORDINANCE
34. When an order for the winding up of a company, or for the appointment of a provisional liquidator prior to the making of an order for the winding up of the company, has been pronounced in court, the Registrar shall, on the same day, send to the Official Receiver a notice informing him that the order has been pronounced.
The notice may be in Forms 12 and 13 respectively, with such variations as circumstances may require.
35. (1) It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which an order for the winding up of a company or an order under section 168A of the Ordinance is pronounced in court, to leave with the Registrar a draft of the order and all other documents required for the purpose of enabling the Registrar to complete the order forthwith. Except in the case of an order made under section 168A of the Ordinance it shall not be necessary for the Registrar to make an appointment to settle the order unless in any particular case the special circumstances make an appointment necessary.
(2) An order to wind up a company or for the appointment of a provisional liquidator shall contain at the foot thereof a notice stating that it will be the duty of the person who is at the time secretary of the company and any person who is then an officer thereof, and of such of the persons who are liable to make out or concur in making out the company's statement of affairs as the Official Receiver may require, to attend on the Official Receiver at such time and place as he may appoint and to give him all information he may require.
36. (1) When an order that a company be wound up, or for the appointment of a provisional liquidator has been made-
(a) 3 copies of the order sealed with the seal of the court shall forthwith be sent by the Registrar to the Official Receiver;
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