Form No. 015 - Order on petition (confirming the alteration) - Company Court Rules, 1959

[28] Form No. 15 (See rule 42) [Heading as in Form No. 1] Company Petition No. ................... of 19 .......... A.B. Co. Ltd. Petitioner Before the Hon'ble Mr. Justice ................... (or Shri ................... District Judge) Dated ................... Order on petition (confirming the alteration) Upon the petition of the company above-named presented to this Court on the ......... day of ................... 19 .......... and upon hearing counsel for the petitioner, and upon reading the said petition and the affidavit in support thereof ............... filed the ............ day of ............. 19 ...... and the exhibits therein referred to, and the order dated ............ 19 ........ made upon the summons for direction, and the notice of the hearing of the said petition having been duly advertised [*and having been duly served on the several persons] as directed by the said order, and notice having also been served on the Registrar of Companies [*and on the Central Government] and the Court being satisfied that [*there are no debenture holders of the said company and that] sufficient notice has been given [*to every debenture holder of the said company and] to ever person whose interests will be affected by the alteration, and upon hearing the Registrar of Companies [*and upon hearing the objections of ............ (here set out the parties, if any, appearing and objecting to the proposed alteration)] [*and the Court being satisfied that with respect to every creditor entitled to object and objecting to the alteration either his consent to the alteration has been obtained or his debt or claim has been discharged or determined or been duly secured]. This Court Doth Order (1) That the alteration in the memorandum of association of the said company proposed by the special resolution of that above-named company passed in accordance with section 189 at a general meeting of the said Company held on the ................ day of ................ 19 ....... (which special resolution is set forth in Schedule I hereto), be and the same is hereby confirmed; [Where the Court confirms the alterations in part or subject to any terms and conditions, the clause should be suitably recast in accordance with such order.] (2) That the memorandum of association of the company as altered by this order shall be as set out in Schedule II hereto. Schedule I [Here set out the special resolution] Schedule II Memorandum of the company as altered Dated this ................ day of ................19 ...... (By the Court) Registrar [ Note . Necessary alterations should be made where the order is on a petition under section 579 for confirming an alteration in the constitution of the company by substituting a memorandum and articles for the deed of settlement.] * The words in brackets to be inserted, if necessary. --------------------------------------- Notes:- [28] 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.