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CAP. 4]

[Subsidiary]

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

(h) under section 166 to sanction a compromise or arrangement between a company and its creditors or any class of them or between a company and its members or any class of them,

(i) under section 291(7) for an order restoring the name of a company to the register, where the application is made in conjunction with an application for the winding up of the company,

(j) under section 323 to cancel the alteration of the form of a company's constitution, and

(k) under section 358(2) for relief from liability of an officer of a company or a person employed by a company as auditor.

Entitlement of proceedings (O. 102, r. 6)

6. (2) Every originating summons, notice of originating motion and petition by which any such proceedings are begun and all affidavits, notices and other documents in those proceedings must be entitled in the matter of the company in question and in the matter of the Ordinance.

(3) The originating summons by which an application for leave under section 157E(1) of the Ordinance is made must be entitled in the matter of the company or one of the companies in connection with which an order under that subsection was made against the plaintiff and in the matter of the Ordinance.

Summons for directions (O. 102, r. 7)

7. (1) After presentation of a petition by which any such application as is mentioned in rule 5 is made, the petitioner, except where his application is one of those mentioned in paragraph (2), must take out a summons for directions under this rule.

(2) The applications referred to in paragraph (1) are— (a) an application under section 50 of the Ordinance to sanction the issue by a company of shares at a discount, (b) an application under section 166 of the Ordinance to sanction a compromise or arrangement unless there is included in the petition for such sanction an application for an order under section 167 of the Ordinance, and (c) an application under section 291(7) of the Ordinance for an order restoring the name of a company to the register.

(3) On the hearing of the summons the Court may by order give such directions as to the proceedings to be taken before the hearing of the petition as it thinks fit including, in particular, directions for the publication of notices and the making of any inquiry.

(4) Where the application made by the petition is to confirm a reduction of the share capital, the share premium account or the capital redemption reserve fund, of a company, then, without prejudice to the generality of paragraph (3), the Court may give directions-

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