Form No. 135 - Order requiring parties interested in disclaimed lease to apply for vesting order or to be excluded from all interest in the leasehold premises - Company Court Rules, 1959

Form No. 135 (See rule 269) [Heading as in Form No. 1] Company Petition No. .............. of 19 .......... Application No. .............. of 19 .......... A.B. Applicant C.D. Respondent Order requiring parties interested in disclaimed lease to apply for vesting order or to be excluded from all interest in the leasehold premises 1. Whereas it appears by the affidavit of .............. and the affidavit of .............. filed respectively in the above matter on .............. 19 .........., and .............. 19 .......... that: (a) By a lease dated the .............. 19 .........., and made between A.B., the applicant herein of the one part and the above-named company (hereinafter called 'the company') of the other part, the premises comprising .............. (give particulars) were demised unto the company for a term of .............. years from .............. 19 .........., at a rental of Rs. .............. per annum (or per mensem); (b) By a sub-lease dated the .............. 19 .........., made between the company of the one part and C.D., the respondent of the other part, in consideration of the payment therein made and the covenants and conditions therein named, the company demised (part1 of) the said premises to the said C.D. [or By a mortgage or charge dated .............. 19 .........., and duly registered with the Registrar of Companies the company charged the said premises to secure the repayment of a sum of Rs. .............. together with interest at .............. per cent per annum in favour of the said C.D.] 2. And whereas on the .............. 19 .........., an order was made for the winding-up of the company by Court or the company resolved to be wound-up voluntarily and Shri .............. was appointed liquidator for purposes of winding-up); 3. And whereas the (Official) Liquidator of the said company was by order dated .............. 19 .........., given leave to disclaim the said lease; 4. And whereas the said (Official) Liquidator of the above-named company on the .............. 19 .........., gave notice of his intention to disclaim the said lease, and by writing under his hand dated .............. 19 .......... disclaimed the said lease, and filed such disclaimer in these proceedings on the .............. 19 .........., and served notice thereof on or about the .............. 19 .........., on the said A.B., the applicant; Now upon the application by summons dated .............. 19 .........., of the said A.B., of .............. for an order that the respondent C.D., do elect whether he will or will not take a vesting order of the disclaimed property comprised in the said lease being .............. (give particulars of the property): This Court doth order that unless the said respondent C.D., within 14 days after the service of this order on him applies for a vesting order of the said lease subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property on .............. 19 .........., the date of the commencement of the winding-up (or subject to the same liabilities and obligations as if the said lease had been assigned to him on .............. 19 .........., the date of the commencement of the winding-up of the said company) the said C.D., be excluded from all interest in and security upon the said premises. That this summons do stand adjourned for further orders to .............. 19 .......... for service of this order on the said C.D. Dated this .............. day of .............. 19 .......... (By this Court) Registrar 1 If different parts have been sub-leased to different persons, repeat the provision to cover all such sub-leases.