Form No. 013 - Order on summons for directions - Company Court Rules, 1959

[26] Form No. 13 (See rule 39) [Heading as in Form No. 1] Company Petition No ................... of 19 .......... A.B. Co., [Ltd.] Petitioner Application No ................... of 19 ......... Before the Hon'ble Mr. Justice ................... (or Shri ................... , District Judge) Dated ................... Order on summons for directions Upon the application by summons dated .............. 19 ....... of A.B. Co., [Ltd.], the petition named in the petition presented on the ................... day of ................... 19 ........ and upon hearing Shri ................... advocate for the petition, upon reading the said petition and the affidavit of X.Y., filed the ................... 19 .......... and the exhibits therein referred to, [and it appearing that there are no debenture holders or other creditors of the above company entitled to object to the alteration] and the Court being of the opinion that the advertisements [and notices] hereinafter directed will be sufficient notice to all persons whose interests will be affected by the proposed alteration in the memorandum of association of the said company [omit what is not appropriate]. It is ordered that the said petition be posted for hearing on ................... (day), the ................... day of ................... 19 ......... when any person whose interests are likely to be affected by the proposed alteration and who desires to object, may attend and be heard, and it is further ordered that notice of the presentation of the said petition and of the said day appointed for the hearing thereof be published on or before the ................... 19 .......... once each in ................... (here mention the newspapers) requiring any person interested who desires to object to the proposed alteration to give notice in writing to the advocate for the petitioner on or before the ................... day of ................... 19 .......... of his objection, if any, to the proposed alteration to the memorandum aforesaid together with the grounds of such objection [and that notice to the like effect be given to every debenture holder of the company and to every creditor whose claim amounts to not less than Rs. 500]. That notice of the presentation of the petition aforesaid and of the date fixed for the hearing thereof, together with a copy of the petition, be served on the Registrar of Companies [and on the Central Government]. Dated this ................... day of ................... 19 .......... (By the Court) Registrar. Note . Necessary alterations should be made where the petition is for confirming an alteration in the form of the constitution of the company by substituting a memorandum and articles for a deed of settlement under section 579.] -------------------------------------------- Notes:- [26] Powers of the Court under sections 17, 18 and 19 conferred on the Company Law Board by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975.