Form No. 136 - Order vesting lease and excluding persons who have not elected - Company Court Rules, 1959

Form No. 136 (See rule 269) [Heading as in Form No. 1] Company Petition No. .............. of 19 .......... Application No. .............. of 19 ..... A.B. Applicant C.D. Respondent Before the Hon'ble Mr. Justice .............. (or as the case may be) Dated .............. Order vesting lease and excluding persons who have not elected (1) to (4) as in Form No. 135. 5. And whereas upon the hearing of this application by summons of the said A.B., for an order that the respondent C.D., do elect whether or not he will take a vesting order of the disclaimed property comprised in the said lease, the Court on .............. 19 ordered that unless the said respondent C.D., within 14 days after the service of the said order on him applied for a vesting order of the said lease subject to the conditions mentioned in the said order, the said C.D. be excluded from all interest in and security upon the said premises. 6. And whereas the said order was duly served on the said C.D., as appears from the affidavit of .............. filed .............. 19 .......... 7. And whereas the said C.D., has not applied or intimated his intention to apply for a vesting order within the time limited by the said order [ 1 or the said C.D., has applied for a vesting order of the said lease]. Upon hearing, etc., and upon reading, etc., This Court Doth Order: 1. That the said C.D., be and is hereby excluded from all interest in and security upon the premises aforesaid [and that the property do vest in ..............]. [or That the company's interest in the premises .............. more particularly described in the lease deed dated .............. 19 .....do vest in C.D., the respondent herein, for the residue of the term of .............. years demised by the said lease, subject to the same liabilities and obligations as those which the company was subject under the lease in respect of the property at the commencement of the winding-up (or subject only to the same liabilities and obligations as if the lease had been assigned to that person on .............. 19 .........., the date of the commencement of the winding-up.] Dated this .............. day of .............. 19 .......... (By the Court) Registrar 1 Where such an application for a vesting order is made, the application should be included in the cause-title.