Books > Old Books > Poetry Northwest (1959)


Page 224

CHAPTER 20
WINDING UP BY THE COURT

After the presentation of a petition, the petitioner or his solicitor must attend before the Registrar to satisfy the Registrar that the requirements of the rules have been complied with. Unless this is done, no order will be made (r. 32).
At any time after the presentation of a petition and before the hearing, application may be made for a provisional liquidator (s. 238). The provisional liquidator takes all the company's property into his control, and no legal proceedings can then be commenced or continued against the company without leave of the Court (s. 231). The appointment is only made if the assets are in jeopardy. The Official Receiver is usually appointed provisional liquidator. The Court can also, before any order is made, on the application of the company or of any creditor or contributory, stay or restrain any legal proceedings against the company (s. 226).

Hearing of Petition.-The company and any creditor or contributory may attend the hearing of the petition. Any creditor or contributory wishing to appear must give notice to the petitioner of his intention to appear and state whether he intends to support or oppose the petition. Any opposition to the petition must be supported by affidavit, which must be filed within seven days of the date on which the affidavit verifying the petition was filed (r. 35). The petitioner can then file affidavits in reply within three days. A summons can be taken out for the cross-examination of the deponents on their affidavits.
On the hearing of a petition the Court may dismiss it or adjourn the hearing conditionally or unconditionally, or make any interim order or any other order that it thinks fit. It will not refuse to make an order on the ground only that the company's assets have been mortgaged to their full value or that the company has no assets (s. 225).
An order will usually be made on the petition of an unsecured creditor, unless a majority of the creditors oppose it, in which case the Court will use its discretion. A petition by a contributory which is opposed by a majority of the contributories will not be granted, except where the substratum of the company has gone. (27)
A petitioner can consent to his petition being dismissed, but he cannot withdraw it without leave of the Court.

27 Re Middlesbrough Assembly Rooms Co. (1880), 14 Ch. D. 104.

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where is HTML where is HEAD where is TITLE After what is presentation of a petition, what is petitioner or his solicitor must attend before what is Registrar to satisfy what is Registrar that what is requirements of what is rules have been complied with. Unless this is done, no order will be made (r. 32). At any time after what is presentation of a petition and before what is hearing, application may be made for a provisional liquidator (s. 238). what is provisional liquidator takes all what is company's property into his control, and no legal proceedings can then be commenced or continued against what is company without leave of what is Court (s. 231). what is appointment is only made if what is assets are in jeopardy. what is Official Receiver is usually appointed provisional liquidator. what is Court can also, before any order is made, on what is application of what is company or of any creditor or contributory, stay or restrain any legal proceedings against what is company (s. 226). Hearing of Petition.-The company and any creditor or contributory may attend what is hearing of what is petition. Any creditor or contributory wishing to appear must give notice to what is petitioner of his intention to appear and state whether he intends to support or oppose what is petition. Any opposition to what is petition must be supported by affidavit, which must be filed within seven days of what is date on which what is affidavit verifying what is petition was filed (r. 35). what is petitioner can then file affidavits in reply within three days. A summons can be taken out for what is cross-examination of what is deponents on their affidavits. On what is hearing of a petition what is Court may dismiss it or adjourn what is hearing conditionally or unconditionally, or make any interim order or any other order that it thinks fit. It will not refuse to make an order on what is ground only that what is company's assets have been mortgaged to their full value or that what is company has no assets (s. 225). An order will usually be made on what is petition of an unsecured creditor, unless a majority of what is creditors oppose it, in which case what is Court will use its discretion. A petition by a contributory which is opposed by a majority of what is contributories will not be granted, except where what is substratum of what is company has gone. (27) A petitioner can consent to his petition being dismissed, but he cannot withdraw it without leave of what is Court. 27 Re Middlesbrough Assembly Rooms Co. (1880), 14 Ch. D. 104. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" Poetry Northwest (1959) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 224 where is strong CHAPTER 20 WINDING UP BY what is COURT where is p align="justify" After what is presentation of a petition, what is petitioner or his solicitor must attend before what is Registrar to satisfy the Registrar that what is requirements of what is rules have been complied with. Unless this is done, no order will be made (r. 32). At any time after what is presentation of a petition and before the hearing, application may be made for a provisional liquidator (s. 238). what is provisional liquidator takes all what is company's property into his control, and no legal proceedings can then be commenced or continued against what is company without leave of what is Court (s. 231). what is appointment is only made if what is assets are in jeopardy. what is Official Receiver is usually appointed provisional liquidator. what is Court can also, before any order is made, on what is application of what is company or of any creditor or contributory, stay or restrain any legal proceedings against what is company (s. 226). Hearing of Petition.-The company and any creditor or contributory may attend what is hearing of what is petition. Any creditor or contributory wishing to appear must give notice to what is petitioner of his intention to appear and state whether he intends to support or oppose the petition. Any opposition to what is petition must be supported by affidavit, which must be filed within seven days of what is date on which the affidavit verifying what is petition was filed (r. 35). what is petitioner can then file affidavits in reply within three days. A summons can be taken out for what is cross-examination of what is deponents on their affidavits. On what is hearing of a petition what is Court may dismiss it or adjourn what is hearing conditionally or unconditionally, or make any interim order or any other order that it thinks fit. It will not refuse to make an order on what is ground only that what is company's assets have been mortgaged to their full value or that what is company has no assets (s. 225). An order will usually be made on what is petition of an unsecured creditor, unless a majority of what is creditors oppose it, in which case the Court will use its discretion. A petition by a contributory which is opposed by a majority of what is contributories will not be granted, except where what is substratum of what is company has gone. (27) A petitioner can consent to his petition being dismissed, but he cannot withdraw it without leave of what is Court. 27 Re Middlesbrough Assembly Rooms Co. (1880), 14 Ch. D. 104. where is Server.Execute("_SiteMap.asp") %

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