1964_RULES_OF_THE_SUPREME_COURT — Page 361

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

[CAP. 4

(a) for an inquiry to be made as to the debts of, and claims against, the company or as to any class or classes of such debts or claims;

(b) as to the proceedings to be taken for settling the list of creditors entitled to object to the reduction and fixing the date by reference to which the list is to be made;

and the power of the Court under section 59(3) of the Ordinance to direct that section 59(2) thereof shall not apply as regards any class or classes of creditors may be exercised on any hearing of the

summons.

(5) Rules 8 to 13 shall have effect subject to any directions given by the Court under this rule.

Inquiry as to debts: company to make list of creditors (O. 102, r. 8)

8. (1) Where under rule 7 the Court orders such an inquiry as is mentioned in paragraph (4) thereof, the company in question must, within 7 days after the making of the order, file in the Registry an affidavit made by an officer of the company competent to make it verifying a list containing-

(a) the name and address of every creditor entitled to any debt

or claim to which the inquiry extends,

(b) the amount due to each creditor in respect of such debt or claim or, in the case of a debt or claim which is subject to any contingency or sounds only in damages or for some other reason does not bear a certain value, a just estimate of the value thereof, and

(c) the total of those amounts and values.

(2) The deponent must state in the affidavit his belief that at the date fixed by the Court as the date by reference to which the list is to be made there is no debt or claim which, if that date were the commencement of the winding up of the company, would be admissible in proof against the company, other than the debts or claims set out in the list and any debts or claims to which the inquiry does not extend, and must also state his means of knowledge of the matters deposed to.

(3) The list must be left at the office mentioned in paragraph (1) not later than one day after the affidavit is filed.

Inspection of list of creditors (O. 102, r. 9)

9. (1) Copies of the list made under rule 8 with the omission, unless the Court otherwise directs, of the amount due to each creditor and the estimated value of any debt or claim to which any creditor is entitled, shall be kept at the registered office of the company and at the office of that company's solicitor.

(2) Any person shall be entitled during ordinary business hours, on payment of a fee of one dollar, to inspect the said list at any such office and to take extracts therefrom.

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