Form No. 052 - Winding-up Order - Company Court Rules, 1959

Form No. 52 (See rule 111) [Heading as in Form No. 1] Company Petition No. ................ of 19 .......... ................Petitioner ................ Before the Hon'ble Mr. Justice ................ (or Before Shri ............., District Judge) Dated ................ Winding-up Order Upon the petition of .............. presented on the ............ day of .......... 19 ...... upon hearing Shri ................ advocate for the petitioner, Shri ................ advocate for the creditors (or contributories) supporting the petition, Shri ................ advocate for the creditors (or contributories) opposing the petition, and Shri ................ advocate for the company, upon reading the said petition, the affidavit of A.B., filed the ................ day of ............ 19 ......, verifying the said petition, the affidavit of X.Y., filed the ............ day of ................ 19 ......, the (State or Union Territory) Gazette of the ............... day of .............. 19......., and (here enter the newspapers) dated ............, each containing the advertisement of the said petition, this Court doth order: *(1) That the said company be wound-up by this Court under the provisions of the Companies Act, 1956, and (2) That the Official Liquidator do, as liquidator of the company aforesaid, forthwith take charge of all the property and effects of the said company; **(3) That the Official Liquidator shall cause a sealed copy of this order to be served on the company by pre-paid registered post; (4) That the petitioner do advertise within 14 days from this date a notice in the prescribed form of the making of this order in one issue (each) of ................(here enter the newspaper or newspapers in which the order is to be advertised); (5) That the said petitioner do serve a certified copy of this order on the Registrar of Companies not later than one month from this date; and (6) That the costs of the said petition be taxed and paid out of the assets of the said company Dated this ................ day of ................ 19 .......... (By the Court) Registrar [Note. It will be the duty of such of the persons as are liable to make out or to occur in making out a statement of affairs under section 454, to attend on the Official Liquidator at such time and place as he may appoint and to give him all information he may require.] * Where the company ordered to be wound-up is a Banking Company, or an Insurance Company, add at the end of clause (1) "and the Banking Companies Act, 1949" or "and the Insurance Act, 1938" as the case may be. ** To be inserted only where the company is not the petitioner.