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Form No. 122 - Points of claim under section 542(1) - Company Court Rules, 1959Extract Form No. 122 (See rule 261) [Heading as in Form No. 1] Application No. ......... of 19 .... [in Company Petition No. ......... of 19 .......] .......................... Applicant v .................. Respondent Points of claim under section 542(1) 1. The above-named company [hereinafter called 'the company'] was incorporated on the ......... 19 ........., with a capital of Rs. ......... divided into ......... shares of Rs. ......... each, of which ......... shares were at all material times issued and fully paid. 2. By an order made on the ......... 19 ........, the company was ordered to be wound-up by the court [or, as the case may be]. 3. The company is insolvent and the estimated deficiency according to [the statement of affairs] is Rs. ......... 4. The respondent was a director [32] [* * *] etc., of the said company (state the position occupied by the respondent in the company and the period during which he occupied such position, and the salary paid to him. 5. Etc. [Set out in separate paragraphs, as may be necessary, the nature of the business of the company, the way in which it was carried on and the facts showing that the business was conducted fraudulently and that the respondent was knowingly a party to the same.] The Official Liquidator/Liquidator/A.B., the applicant claims: (1) A declaration that the respondent is liable without any limitation of liability for all the debt of the company amounting to the sum of Rs. ......... (2) If necessary, an amount of the debts of the company. (3) Payment by the respondent of the said sum of Rs. ......... or other sum for which he may be found responsible on the taking of accounts. (4) Costs. (5) Further on other relief. Applicant Delivered the ......... day of ......... 19 ........., by ......... Advocate for the applicant ------------------------------------------- Notes:- [32] Omitted as redundant after abolition of the system of managing agent, secretaries and treasurers by Act 17 of 1969, w.e.f. 3-4-1970.
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