Form No. 041 - Order on petition - Company Court Rules, 1959

Form No. 41 (See rule 81) [Heading as in form No. 1] Company Petition No. ................. of 19 .......... connected with Company Application No. ................. of 19 .......... A.B. Co., [Ltd.] (*in liquidation, by its liquidator .......................) petitioner Before the Hon'ble Mr. Justice ...................... Dated ...................... Order on petition The above petition coming on for hearing on ......................, upon reading the said petition, the order dated ...................... where by the said company (or, liquidator of the said company), was ordered to convene a meeting (or separate meetings) of the creditors/ debenture holders/preference shareholders/equity shareholders of the above 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 ............. and annexed to the affidavit of ...................... filed the ...................... day of ...................... 19 .........., the ...................... Gazette dated ...................... and the (here mention the newspaper) dated ...................... each containing the advertisement of the said notice convening the said meeting(s) directed to be held by the said order dated ...................... 19 .........., the affidavit of .................. filed the ...................... day of ...................... 19 .........., showing the publication and despatch of the notices convening the said meeting(s), the report(s) of the Chairman/Chairmen of the said meeting(s) (respectively) dated ...................... as to the result of the said meeting(s), (and upon hearing Shri ...................... advocate for ...................... etc.) and it appearing from the report(s) that the proposed compromise and arrangement has been approved** ......................(here state whether unanimously or by a majority of not less than three-fourths in value of the creditors or class of creditors or members or class of members as the case may be, present and voting in person or by proxy). This Court doth hereby sanction the compromise or arrangement set forth in para ................. of the petition herein and in the Schedule hereto, and doth hereby declare the same to be binding on ............... (here enter the class of creditors or members on whom it is to be binding) of the above-named company and also on the said company (and its liquidator*) And this Court doth further order: [Here enter any directions given or modifications made by the Court regarding the carrying out of the compromise or arrangement.] That the parties to the compromise or arrangement or other persons interested shall be at liberty to apply to this Court for any directions that may be necessary in regard to the working of the compromise or arrangement, and That the said company [or the liquidator of the said company] do file with the Registrar of Companies a certified copy of this order within 14 days from this date. Schedule Scheme of compromise or arrangement as sanctioned by the Court. Dated this ............... day of ............... 19 ....... (By the Court) Registrar * To be inserted where the company is being wound-up. ** Where the compromise or arrangement has been approved with modifications, it should be so stated.