Form No. 132 - Order giving leave to disclaim - Company Court Rules, 1959

Form No. 132 (See rule 267) [Heading as in Form No. 1] Company Petition No. ............... of 19 .......... Application No. ............... of 19 .......... (Official) Liquidator of the said Company Applicant Before the Hon'ble Mr. Justice ............... (or as the case may be) Order giving leave to disclaim Upon the application by summons dated ............... 19 ........, of the (Official) Liquidator of the above-named company, and upon hearing the applicant in person (or Shri ............... advocate for the applicant) [and the advocate for ............... (party interested) or no one appearing for or on behalf of ............... a party interested although he has been duly served with notice of the said application pursuant to the directions of the Court as appears by the affidavit of .............. filed on ............... 19 .......], and upon reading the order to wind-up the said company dated the ............... 19 ......, [or on persuing the resolution of the company for voluntary winding-up dated the ............... 19 .......], the affidavit of ............... filed the ............... 19 ...... and affidavit of ...... filed the 19 ....... and the exhibits in the said affidavits respectively referred to [Exhibit ............... to the first mentioned affidavit being the contract or lease or as the case may be]. 1 It Is Ordered that the (Official) Liquidator of the said company, the applicant, be at liberty, on or before ............... 19 ......, to disclaim the contract (or the lease or the shares or other property as the case may be) dated ............. 19 ......, made between ........ of the one part, and the said company of the other part, whereby (set out in brief the nature of the contract or the lease or the shares or other property as the case may be) particulars of which are set out in the Schedule hereto, upon the following terms, namely, [Here set out the terms and conditions if any subject to which leave to disclaim has been granted]. Schedule above referred to [Here set out the particulars of the property disclaimed e.g., contract or lease dated ............... 19 ......., made between, etc. or the face value of Rs. ............... in ............ of which Rs. ............... are paid up, etc. (or as the case may be)]. Dated this ............... day of ............... 19 ........ (By the Court) Registrar 1 Note. Where the Court has made an order extending the time, that order should also be mentioned in the preamble to this order.