The Companies (Court) Rules, 1959

Contents
Sections	Particulars
Part I	General
1	Short title and commencement
2	Interpretation
3	Proceedings to be neat and legible
4	Form of proceedings
5	Language of proceedings
6	Practice and procedure of the Court and provisions of the Code to apply
7	Power of Court to enlarge or abridge time
8	Computation of time
9	Inherent powers of Court
10	Applications how made
11A	Petitions
11B	Judge's summons
12	Matters to be heard in open Court and in Chambers
13	Registers to be kept
14	Serial number of proceedings
15	Process to be sealed
16	Inspection and copies of proceedings
17	Forms
18	Affidavits
19	Form of Judge's summons and service thereof
20	Issue of summons
21	Affidavit verifying petition
22	Enclosures to petition
23	Summons for directions
24	Advertisement of petition
25	Contents of advertisement
26	Service of petition
27	Notice of petition and time of service
28	Service on company
29	Petitioner to effect service
30	Affidavit of service
31	Procedure on default of compliance as regards advertisement and service of notice
32	Mode of service and service when deemed to be effected
33	Validity of service and of proceedings
34	Notice to be given by persons intending to appear at the hearing of petition
35	List of persons, intending to appear, to be filed
36	Procedure at hearing of petition
37	Order to be drawn up
Part II	Proceedings in matters other than Winding-Up
38	Form of petition under section 17 and Summons for directions
39	Directions at hearing of summons
40	Notice to Registrar of Companies and Central Government
41	Procedure where creditors are entitled to object
42	Order confirming alteration
43	Petition under section 579
44	Petition for sanctioning the issue of shares at a discount
45	Order sanctioning issue to be delivered to Registrar of Companies
46	Form of petition for reduction of share capital and summons for directions
47	Procedure on hearing of summons
48	Directions at the hearing of summons
49	List of creditors
50	Affidavit verifying list of creditors
51	Inspection of list of creditors
52	Notice to creditors
53	Advertisement of petition and list of creditors
54	Affidavit of service
55	Affidavit by company as to the result of rules 52 and 53
56	Procedure where claim is not admitted, and proof of debt
57	Costs of proof
58	Certificate by the Judge as to creditors
59	Hearing of petition
60	Who may appear and oppose
61	Directions at hearing
62	Order on petition
63	Minute
64	Advertisement of reasons for reduction of capital
65	Form of minute and notice of registration
66	Petition to cancel variation of rights
67	Summons for directions to convene a meeting
68	Service on company
69	Directions at hearing of summons
70	Proxies
71	Application for stay
72	Application to vacate or vary order of stay
73	Notice of meeting
74	Advertisement of the notice of meeting
75	Copy of compromise or arrangement to be furnished by the company
76	Affidavit of service
77	Result of the meeting to be decided by poll
78	Report of the result of the meeting
79	Petition for confirming compromise or arrangement
80	Date and notice of hearing
81	Order on petition
82	Application for directions under section 394
83	Directions at hearing of applications
84	Order under section 394
85	Compromise or arrangement involving reduction of capital
86	Report on working of compromise or arrangement
87	Liberty to apply
88	Petition under section 397 or 398
89	Notice to Central Government
90	Order involving reduction of capital or alteration of memorandum
91	Application under section 407(1)(b) for leave to act as managing director, etc.
92	Notice to Registrar of Companies
93	Delivery of order and advertisement thereof
94	Registrar's costs of petition
Part III	Winding-Up
95	Petition for winding-up
96	Admission of petition and directions as to advertisement
97	Petition by a contingent or prospective creditor
98	Copy of petition to be furnished
99	Advertisement of petition
100	Application for leave to withdraw petition
101	Substitution of creditor or contributory for original petitioner
102	Procedure on substitution
103	Affidavit in opposition
104	Affidavit in reply
105	Stay of suit or proceeding pending petition
106	Appointment of Provisional Liquidator
107	Rules applicable to Provisional Liquidator
108	Costs, etc., of Provisional Liquidator
109	Notice to Official Liquidator of order
110	Contents of winding-up order and order appointing Provisional Liquidator
111	Order to he sent to Official Liquidator and form of order
112	Directions on making the winding-up order
113	Advertisement of the order
114	Official Liquidator to take charge of assets and books and papers of company
115	Form of proceedings after winding-up order is made
116	Application for stay of winding-up proceedings
117	Application for leave to commence or continue suit or proceeding
118	Application for transfer of suit or proceeding
119	Application for transfer
120	Transmission of records upon transfer of proceeding
121	Proceedings to be re-numbered
122	Notice to Official Liquidator
123	Official Liquidator of Transferee Court to be Liquidator
124	Notice to submit statement
125	Application by Official Liquidator under section 454(2)
126	Preparation of statement of affairs
127	Form of the statement
128	Extension of time for submitting statement
129	Expenses of preparing the statement
130	Officers of company to attend and give information
131	Duty of person making or concurring in statement
132	Default in complying with section 454
133	Dispensing with statement of affairs
134	Liquidator in voluntary winding-up or winding-up subject to supervision, to submit statement
135	Preliminary report by Official Liquidator
136	Inspection of statement and preliminary report
137	Further report by Official Liquidator
138	Consideration of report by Court
139	Summons for directions to be taken out by Official Liquidator
140	First meeting of creditors and contributories
141	Official Liquidator to report result of meeting and apply for directions
142	Application for order not to fill vacancy in Committee
143	Liquidator and members of the Committee dealing with company's assets
144	Committee of Inspection not to make profit
145	Costs of obtaining sanction of Court
146	Order sanctioning payment to Committee
147	Fixing a date for proving debts
148	Notice to creditors
149	Proof of debt
150	Mode of proof and verification thereof
151	Contents of proof
152	Workmen's wages
153	Production of bills of exchange and promissory notes
154	Value of debts
155	Discount
156	Interest
157	Periodical payments
158	Proof of debt payable at a future time
159	Examination of proof
160	Official Liquidator's right to summon any person in connection with the investigation
161	Oaths
162	Costs of proof
163	Acceptance or rejection of proof to be communicated
164	Appeal by creditor
165	Procedure where creditor appeals
166	Official Liquidator not to be personally liable for costs
167	Proofs and list of creditors to be filed in Court
168	List of creditors not to be varied
169	Notice of filing the list and inspection of the same
170	Procedure in the District Court regarding proof of claims
171	List of proofs and summons for directions
172	Direction at hearing of summons
173	Notice to be given to creditors
174	Settlement of list of creditors
175	Inspection of the list of creditors and the proofs filed
176	Expunging of proof
177	Procedure on failure to prove the debt within the time fixed
178	Right of creditor who has not proved debt before declaration of dividend
179	Payment of subsequent interest
180	Provisional list of contributories
181	Notice to be given of date of settlement of list
182	Settlement of the list
183	Certificate of final settlement to be filed in Court
184	Notice of settlement to contributories
185	Supplemental list of contributories
186	Variation of the list
187	Application by Official Liquidator for rectification of list
188	Application by contributory to vary the list
189	Official Liquidator not to be personally liable for costs
190	Settlement of the list of contributories in District Courts
191	Notice to be given of date of settlement
192	Settlement of the list
193	Supplemental list of contributories
194	Application for rectification of list
195	List of contributories consisting of past members
196	List of contributories under section 104(1)(b)
197	'Court meetings', 'Liquidator's meetings' and 'Voluntary Liquidation meetings'
198	Application of rules to meetings
199	Notice of meeting
200	Place and time of meeting
201	Notice of first or other meeting to officers of company
202	Proof of notice
203	Costs of calling meetings at the instance of creditor or contributory
204	Chairman of meeting
205	Resolution of creditors' meeting
206	Resolution on contributories' meeting
207	Copy of resolution to be filed
208	Non-receipt of notice by a creditor or contributory
209	Adjournments
210	Quorum
211	Procedure in the absence of quorum
212	When creditor can vote
213	Cases to which creditors may not vote
214	When secured creditor can vote
215	Effect of voting by a secured creditor
216	Procedure when secured creditor votes without surrendering security
217	Admission or rejection of proofs for purposes of voting
218	Minutes of proceedings
219	Report of Court meetings
220	Voting by proxies
221	Form of proxies
222	Proxies to Liquidator or Chairman
223	Use of proxies by deputy
224	Forms to be sent with notice
225	Proxies to be lodged
226	Holder of proxy not to vote on matter in which he is financially interested
227	Minor not to be appointed proxy
228	Filling in proxy where creditor or contributory is blind or incapable
229	Proxy of person not acquainted with English
230	Attendance at proceedings
231	Representation of creditors and contributories before Court
232	Powers of Official Liquidator
233	Official Liquidator to be in the position of a Receiver
234	Company's property to be surrendered to Official Liquidator on requisition
235	Calls by the Official Liquidator
236	Official Liquidator to realize uncalled capital
237	Application for leave to make call
238	Notice of application
239	Order granting leave to make a call and document making the call
240	Service of notice of call
241	Order for payment of call
242	Other moneys due by contributories
243	Application for examination under section 477
244	Directions at hearing of summons
245	Examination on commission or by interrogatories
246	Service of the summons
247	Conduct of the examination
248	Notes of the deposition
249	Order for public examination under section 478
250	Notice of public examination
251	Adjournment of public examination to Court
252	Procedure for contumacy Procedure for contumacy
253	Notes of examination
254	Shorthand notes of examination under sections 477 and 478
255	Application under section 478(7)(a)
256	Default in attending examination under section 477 or 478
257	Prison to which person arrested on warrant is to be taken
258	Execution of warrant of arrest outside ordinary jurisdiction of Court
259	Public examination under section 519
260	Applications under section 542 or 543
261	Directions at preliminary hearing of summons
262	Liberty to apply for further directions
263	Application for disclaimer
264	Preliminary hearing of the summons
265	Claimant to furnish statement of his interest
266	Service of notice
267	Order granting leave to disclaim
268	Disclaimer to be filed in Court
269	Vesting of disclaimed property
270	No claim to be compromised or abandoned without sanction of Court
271	Application for sanction of compromise
272	Sale to be subject to sanction and to confirmation by Court
273	Procedure at sale
274	Expenses of sale
275	Declaration of dividend or return of capital
276	Notice of declaration
277	Form of authority to pay dividend
278	Transmission of dividends by post
279	Form of order directing return of capital
280	Payment of dividend or return of capital due to a deceased creditor or contributory
281	Official Liquidator to apply for dissolution
282	Dissolution of the company
283	Liquidator to pay the balance into public account
284	Conclusion of winding-up
285	Application to declare dissolution void
286	Registers and Books to be maintained by the Official Liquidator
287	All moneys to be paid into the Reserve Bank
288	Bills, cheques and securities to be deposited into Bank
289	Payments into Bank under section 471
290	Official Liquidator's Dividend Account
291	Fees to be credited to Central Government
292	Where the company has no available assets
293	Investment of moneys
294	Official Liquidator to examine the accounts for purposes of investment
295	Investments to be made by the Bank
296	Dividend and interest to be credited
297	Refunds of Income-tax
298	Half-yearly accounts to be filed
299	Form of account
300	Nil account
301	Registrar to send copy of account to the auditor
302	Audit of the Official Liquidator's accounts
303	Audit certificate to be filed
304	Audit fees
305	Inspection of the account and certificate of audit
306	Account and auditor's report to be placed before Judge
307	Legal assistance for the Official Liquidator
308	Employment of additional or special staff
309	Apportionment of expenses of common staff
310	Applications under sections 463(2) and 545(3)
311	Annual Statement by the Official Liquidator under section 551
312	Applicability of Rules
313	Declaration of solvency in a members' voluntary winding-up
314	Statement to be laid before meeting of creditors under section 495(1)
315	Notice of appointment of liquidator
316	Order for winding-up subject to supervision
317	Security by liquidator appointed by Court
318	Limit of remuneration of liquidator
319	Restriction on purchase of goods by liquidator
320	Office of liquidator vacated by his insolvency
321	Resignation of liquidator
322	Duty of liquidator upon resignation
323	Books to be kept by the liquidator
324	Banking account of the liquidator
325	Bills, cheques and securities to be deposited in Bank
326	Investment of surplus funds
327	Liquidator's statements under section 551
328	Annual statement under sections 496 (1) (b) and 508 (1) (b)
329	Notice convening final meeting and the account to be laid before the meeting
330	Consideration by Court of the statements under section 551 and the final account, in a winding-up subject to the supervision of the Court
331	Returns to Registrar of Companies
332	Inspection by creditor or contributory of statements filed by liquidator
333	Audit of the liquidator's accounts
334	Applications under section 518
335	Statement to accompany payment
336	Unclaimed dividends or undistributed assets under investment
337	Application by person for payment of money paid into the Companies Liquidation Account
338	Cost and expenses payable out of the assets in a winding-up by the Court
339	Taxation of costs in Bombay, Calcutta and Madras
340	Registrar to be Taxing Officer
341	Costs in the discretion of the Court
342	Costs to be taxed in accordance with the practice and procedure of the Court
343	All proper charges to be allowed
344	Contents of bill of costs
345	Vouchers to be filed
346	Time for lodging bill
347	Bill of costs by advocate or other person employed by Official Liquidator
348	Scale of advocates' fees
349	Fees in misfeasance proceedings
350	Fees when proceeding is compromised
351	Fees to more than one advocate
352	Costs of parties having common interest
353	Court's power to fix a fee
354	Reference to Judge in Chambers
355	Allowance to witness
356	Taxation between advocate and client
357	Review of Taxation
358	Appeal against Review
359	Certificate of Taxation
360	Inspection of file
361	Saving of rules under Special Acts
	Foot Notes

In exercise of the powers conferred by sub-sections (1) and (2) of section 643 of the Companies Act, 1956, and of all other powers enabling, the Supreme Court of India, after consulting the High Courts, hereby makes the following Rules:-