9911796707
TMI Blog2007 (11) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter is required to be considered by the Court for admission and to grant leave to advertise the petition. Granting of returnable date for admission of the petition after its institution and registration so that the matter would proceed before the Court for admission or for grant of leave to advertise, is a matter which can be left to the Company Registrar, being ministerial work. That will also ensure that the matters do not remain pending in the registry for want of acceptance. Place this matter for admission on 13-12-2007. The petitioner shall take steps to give intimation to the respondent-company in this behalf, if so advised. - COMPANY PETITION NO. 590 OF 1998 - - - Dated:- 22-11-2007 - A.M. KHANWILKAR, J. Ketan Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies (Court) Rules, 1959 reads thus : "97. Petition by a contingent or prospective creditor . A petition for the winding-up of a company presented by a contingent or prospective creditor shall be accompanied by an application under section 439(8) for the leave of the Court for the admission of the petition. No advertisement of the petition shall be made unless the leave has been granted, or, where the leave has been granted subject to any conditions precedent to the admission of the petition, unless such conditions have been satisfied." In addition to rule 97, it may be useful to refer to rule 96 of the Companies (Court) Rules which reads thus : "96. Admission of petition and directions as to advertisement . Upon the fili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so that the matter would proceed before the Court for admission or for grant of leave to advertise, is a matter which can be left to the Company Registrar, being ministerial work. That will also ensure that the matters do not remain pending in the registry for want of acceptance. If the Company Registrar is to indicate returnable date for admission of the petition, every matter will have a notified date on which the same will be taken up for admission as soon as it is received and numbered by the registry. 4. In future, the office shall process the matter and assign fixed returnable date on which the matter will come up for admission and/or for grant of leave to advertise before the Company Judge, as soon as the same is instituted an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
