FORM NO. 35
[See Rule 69]
[Heading as in Form No. 1]
Company Application No. _________ of 20__ _________ Applicant (s)
Before the Hon'ble Mr. Justice _____ Dated_______
Order on Summons for Directions
Upon the application of the above named company [or, the applicant (s) above named] by summons dated the ______ day of _______ 20__ upon hearing Shri _______ advocate for the company [Or (where the company is not the applicant) upon hearing the advocate for the applicant(s) and the advocate for the company], and upon reading the affidavit of _________ filed the ______ day of ______ 20___, and the exhibits therein referred to (Exhibit _______ being a copy of the proposed compromise or arrangement).
IT IS ORDERED
That a meeting (or, separate meetings as herein after set out) of (here set out the class of classes of creditors and/or members of whom the meeting or meetings have to be held), of the above Company shall be convened and held at ______ on ______ day, the _____day of _______ 20__, at _____ O'clock in the _____ noon for the purpose of considering, and fi thought fit, approving, with or without modification, the compromise or arrangement proposed to be made between the said company and ( here set out the class or classes of creditors or members as the case may be) of the said company.
[Note :-If separate meeting of different classes of creditors and/or members are to be held, state the date, time and place of each of such meetings as fixed by the Judge, in separate paragraphs.]
That at least 21 clear days before the day appointed for the meeting (or the first of the meeting), as advertisement convening the same and stating that copies of the said compromise or arrangement and of the statement required to be furnished pursuant to section 393 and forms of proxy can be obtained free of charge at the registered office of the company or at the office of its advocate, be inserted once in the ________ Gazette and once in each of (here set out the newspaper or newspapers).
That, in addition, at least 21 clear days before the meeting (or the first of the meetings) to be held as aforesaid, a notice convening the said meeting at the place and time aforesaid, together with a copy of the said compromise or arrangement, a copy of the statement required to be sent under section 393, and the prescribed form of proxy, shall be sent by pre-paid letter post under certificate of posting addressed to each of (here mention the class or classes of creditors or members whose meeting or meetings are to be held) at their respective registered or last known addresses.
That the advocate for the company above named do, within three days of this date file in Court the form of the advertisement, the notice and the statement to accompany the notice and the same shall be settled by the Registered of this Court.
That Shri _______ and failing him Shri _____ shall be the chairman of the meeting to be held on ____ as aforesaid.
That the chairman appointed for the meeting do issue the advertisement and send out the notice of the meeting(s) referred to above.
That the quorum for the said meeting(s) shall be ___________.
That voting by proxy be permitted, provided that a proxy in the prescribed form duly signed by the person entitled to attend and vote at the meeting, is filed with the Company at is registered office at _____ not later than 48 hours before the meeting.
That the vote of each member or creditor shall be in accordance with the books of the company and, where the entries in the books are disputed, the chairman shall determine the value for purpose of the meeting.
And it is further ordered that the chairman do report to this Court the result of the said meeting within ______ days of the conclusion of the meeting, and the said report shall be verified by his affidavit.
Dated this _______ day of _________ 20__.
(By the Court) Registrar
* Where the application is by a liquidator of the company substitute the words "liquidator of the above company in liquidation' for the word `Company' wherever necessary.
Note :- Where separate meeting are to be held, the provision should be repeated in respect of each such meeting.
Note :- Where the Court directs the company or its Liquidator or any other person to issue the advertisement and notice, suitable alteration should be made.