H 26
[Subsidiary]
warrants of arrest.
Form 38A.
Notes of
examination to
be filed.
R. 65.
Forms 34 and 35.
Application by or against delinquent
directors, officers
and promoters.
R. 66.
L.N. 201/84.
(Cap. 4, sub. leg.)
Use of
depositions taken at public examinations.
R. 69.
CAP. 32]
Companies (Winding-up) Rules
[1984 Ed.
(2) A warrant of arrest issued by the court under this rule shall be issued in the Registry of the Supreme Court pursuant to an order of the court directing such issue.
57. The notes of every public examination shall, after being signed as required by section 222(7) of the Ordinance, be filed with the Registrar.
PROCEEDINGS BY OR AGAINST DIRECTORS, PROMOTERS,
AND OFFICERS
58. (1) An application under any of the following provisions of the Ordinance---
(a) section 276;
(b) section 275(1), (2) or (4):
(c) section 157E or 157F, where such application relates to a
company in course of being wound up by the court;
(d) section 358(2),
shall be made by a summons returnable in the first instance in chambers, in which summons shall be stated the nature of the declaration or order for which application is made, and the grounds of the application, and which summons, unless otherwise ordered by the court, shall be served, in the manner in which an originating summons is required by the Rules of the Supreme Court to be served, on every person against whom an order is sought, not less than 8 days before the day named in the summons for hearing the application. Where the application is made by the Official Receiver or liquidator he may make a report to the court stating any facts and information on which he proceeds which are verified by affidavit, or derived from sworn evidence in the proceedings. Where the application is made by any other person it shall be supported by affidavit to be filed by him.
A copy of every report and affidavit intended to be used in support of the summons shall be served on every person against whom an order is sought not less than 4 days before the hearing of the summons.
(2) On the return of the summons the court may give such directions as it shall think fit as to the taking of evidence wholly or in part by affidavit or orally, and the cross-examination either before a judge on the hearing in court or in chambers of any deponents to affidavits in support of or in opposition to the application and as to any report it may require the Official Receiver or liquidator to make and generally as to the procedure on the summons and for the hearing thereof.
59. Where in the course of the proceedings in a winding up by the court an order has been made for the public examination of persons named in the order pursuant to section 222 of the Ordinance, then in any proceedings subsequently instituted under any of