Form No. 123 - Points of claims under section 543(1) - Company Court Rules, 1959

Form No. 123 (See rule 261) [Heading as in Form No. 1] Application No. ......... of 19 .... In Company Petition No. .......... of 19..... .......................... Applicant v .................. Respondents Points of claims under section 543(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 stood credited in the books of the company as fully paid. 2. By an order dated the ............... 19 ....., the company was ordered to be wound-up by the court [or, as the case may be]. 3. The respondents were at all material times [state the position occupied by each of them, e.g., promoter, past or present director, [33] [* * *], manager, liquidator or officer of the company]. 4. Etc., [Set out in separate paragraphs as may be necessary the main facts showing the misfeasance or breach of trust committed by each of the respondents and the amounts which they are jointly and severally liable to make good to the company in consequence of such misfeasance or breach of trust And the Official Liquidator/Liquidator/A.B., the applicant claims: (1) A declaration that the respondents and each of them as past (or present) directors (or, as the case may be) as aforesaid, have been guilty of misfeasance and breach of trust in relation to the company as aforesaid. (2) An order that the respondents and each of them do repay to the [Official] Liquidator of the said company the said sums together with interest at the rate of ............... per cent per annum from ............... 19 ......., down to the date of payment. (3) Costs. (4) Further or other relief. Applicant Delivered the .............................. day of ............... 19 ........, by ............. -------------------------------------------- Notes:- [33] 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.