ANNEXURE II - [See Rule 9(5)] - Company’s Liquidation Accounts Rules, 1965

[1] [ANNEXURE II [See Rule 9(5)] This deed of indemnity made this ....... day of ....... between ....... [Please see Note (I)] son of ....... residing at ....... hereinafter referred to as the principal party (which expression shall, unless excluded by or repugnant to the context, include his heirs, executors, administrators, legal representatives and assignees) of the first part ....... [Please see Note (II)] son of ....... residing at ....... hereinafter referred to as the surety (which expression shall, unless excluded by or repugnant to the context, include his heirs, executors, administrators, legal representatives and assignees) of the second part and the Regional Director, Company Law Board, Eastern/Southern/Western/Northern Region, having his office at ....... (which expression shall unless excluded by or repugnant to the context include his successors in office) of the third part; Whereas ....... [Please see Note (III)] Limited went into liquidation; And whereas the official liquidator of the said company paid and deposited in the company's liquidation account in the public account of the Government of India the balance of the moneys in his hands or under his control representating unclaimed dividends payable to the creditors and/or undistributed assets refundable to contributories, which remained unclaimed and/or undistributed for over six months after the same became payable; And whereas the amount deposited into the Company's Liquidation Account includes a sum of Rs. ...... payable as dividend/undistributed assets to Shri ....... (state the name of the person in whose name the amount stands deposited) as a creditor/contributory; And whereas the principal party claims to be solely entitled to the said sum of Rs. ...... [Please see Note (IV)](as heirs/executors/administrators/legal representatives/ assignees); And whereas the principal party could not file his claim to the liquidator for the said sum on account of ................... (please see note (V)] And whereas the principal party or any other person on his behalf has not made an application in any court for any order for payment of the said sum of Rs. ...... and no such application is pending in any court of law in the Union of India; And whereas the principal party has requested the Regional Director aforesaid to make payment of the said sum of money claimed by him out of the said company's liquidation account with regard to the said company; And whereas by virtue of delegation from the Central Government [Vide Notification No GSR 71, dated January 1, 1966, read with section 637(1)(b) of the Companies Act, 1956] the said Regional Director is competent under section 555(7)(b) of the said Act to make an order for the payment of the sum so claimed by the principal party and requires for the purpose of such an order an indemnity to be executed by the principal party in the following manner; Now this deed witnesseth that in pursuance of the representation made by the principal party as aforesaid and of the said requirement and in consideration of the payment by the [2] [said Regional Director] to the principal party of the sum of Rs. ...... the principal party and the surety hereby jointly and severally undertake and bind themselves to pay to the said Regional Director on demand and without demur the said sum of Rs. ...... together with interest at 6 per cent per annum, in the event of the said sum being found to be not payable to the principal party (and the decision of the Government in this behalf shall be final and binding on the parties) and the principal party and the surety hereby further undertake that they will at all times indemnify and keep the said Regional Director indemnified and harmless from all liabilities with regard to the payment made to the principal party as aforesaid and against all actions, claims and demands, costs, damages and expenses which may be levied, brought or made against the said Regional Director by any person by reason of the payment being made by the said Regional Director of the said sum as aforesaid. In witness whereof the parties hereto have set their respective hands the day and the year first above written. Signed, sealed and delivered by the principal party who is personally known to me and signed in my presence. ......................... Signature of the principal party ...................... Signature of witness ...................... His occupation and address The surety is personally known to me and signed in my presence. ...................... Signature of surety ...................... Signature of witness ...................... His occupation and address ACCEPTED ...................... Regional Director, Company Law Board....... Region ----------------------------------- Notes:- [1] Substituted by GSR 523(E), dated 21-11-1973. [2] Substituted by GSR 523(E), dated 21-11-1973.