Form No. 038 - Notice convening meeting of creditors/shareholders, etc. - Company Court Rules, 1959

Form No. 38 (See rule 74) [Heading as in Form No. 1] Company Application No. ................... of 19 .......... ................... Applicant(s) Notice convening meeting of creditors/shareholders, etc. Notice is hereby given that by an order dated the .................. 19 .......... the court has directed a meeting (or, separate meetings) to be held of [here mention 'debenture holders', or 'first debenture holders' or 'second debentures holders' or 'unsecured creditors' or 'secured creditors' or 'preference shareholders or' equity shareholders' as the case may be whose meeting or meetings have to be held] of the said company for the purpose of considering, and, if thought fit, approving with or without modification, the compromise or arrangement proposed to be made between the said company and (here mention the class of creditors or members with whom the compromise or arrangement is to be made) of the company aforesaid. In pursuance of the said order and as directed therein, further notice is hereby given that a meeting of (here set out the class of creditors or members whose meeting has to be held) of the said company will be held at .................. on (day), the .................. day of .................. 19 ........, at .......... o'clock in the .................. noon at which time and place the said (here mention the class of creditor or members) are requested to attend. [Where separate meetings of classes of creditors or members are to be held, set them out separately with the place, date and time of the meeting in each case.] Copies of the said compromise or arrangement, and of the statement under section 393 can be had free of charge at the registered office of the company or at the office of its advocate Shri .................. at .................. Persons entitled to attend and vote at the meeting ( or respective meetings) may vote in person or by proxy, provided that all proxies in the prescribed form are deposited at the registered office of the company at ..................not later than 48 hours before the meeting. Forms of proxy can be had at the registered office of the Company. The Court has appointed Shri .................. and failing him, Shri .................., as Chairman of the said meeting (or several meetings). The above-mentioned compromise or arrangement, if approved by the meeting, will be subject to the subsequent approval of the Court. Dated this .................. day of .................. 19 .......... Chairman appointed for the meeting (or as the case may be)