1988 Ed.] The Rules of the Supreme Court-Order 102

[CAP. 4

(d) stating which of the persons named in the list made under rule 8, and which of the persons named in the list made under this rule, have been paid or consent to the reduction sought to be confirmed.

Adjudication of disputed claims (O. 102, r. 13)

13. If the company contends that a person is not entitled to be entered in the list of creditors in respect of any debt or claim or in respect of the full amount claimed by him in respect of any debt or claim, then, unless the company is willing to secure payment of that debt or claim by appropriating the full amount of the debt or claim, the company must, if the Court so directs, send to that person by post at his last known address a notice requiring him-

(a) within such time as may be specified in the notice, being not less than 4 clear days after service thereof, to file an affidavit proving his debt or claim or, as the case may be, so much thereof as is not admitted by the company, and

(b) to attend the adjudication of his debt or claim at the place and time specified in the notice, being the time appointed by the Court for the adjudication of debts and claims.

Certifying lists of creditors entitled to object to reduction (O. 102, r. 14)

14. The list of creditors entitled to object to such reduction as is mentioned in rule 7(4), as settled by the Court under section 59(2) of the Ordinance shall be certified and filed by the Registrar and his certificate shall--

(a) specify the debts or claims (if any) disallowed by the Court,

(b) distinguish the debts or claims (if any) the full amount of which is admitted by the company, the debts or claims (if any) the full amount of which, though not admitted by the company, the company is willing to appropriate, the debts or claims (if any) the amount of which has been fixed by adjudication of the Court under section 59(2) of the Ordinance and other debts or claims;

(c) specify the total amount of the debts or claims payment of which has been secured by appropriation under the said section 59(2);

(d) show which creditors consent to the reduction and the total amount of their debts or claims;

(e) specify the creditors who sought to prove their debts or claims under rule 13 and state which of such debts or claims were allowed.

Evidence of consent of creditor (O. 102, r. 15)

15. The consent of a creditor to such reduction as is mentioned in rule 7(4) may be proved in such manner as the Court thinks sufficient.

Page 363

[Subsidiary]

Share This Page