574

 

Ch. 31. No. 1.] Compamtes.

dispensed with, jor, for an order under section 58 (3) that subsection (2) of section 58
of the Companies Ordinance, should not apply as regards (class of creditors, e.g., the
holders of the debentures, etc.)]}.

That a day may be fixed for hearing the said petition and that directions may be
given as to the advertisement of notice of the presentation of the said petition and of
the day appointed for the hearing thereof.

B.

Order on Summons for Directions dispensing with List of
Creditors.
(Iitle as in Form No. 1.)

Upon the application, etc. [as in Form A] [and it appearing that the special
resolution referred to in the said petition for the reduction of the capital of the said
company has been duly passed}. And it appearing that the proposed reduction
of the capital of the company does not involve either the diminution of any liability
in respect of unpaid capital or the payment to any shareholder of any paid-up capital
of the said company.

It is ordered that the inquiry mentioned in rule 10 (2) (6) of the Rules of Procedure
be dispensed with.

And it is ordered that the said petition be fixed for hearing in Court on
day the day of , 19 = [usally about fourteen days].

And it is ordered that notice of the presentation of the said petition and of the day
appointed fer the hearing thereof be inserted in the Royal Gazette on or before the

dav of 19, and twice each [or as may be) on or before the
day of 19 in the following newspapers, namely:

Registrar of the Supreme Court.

Cc.

Advertisement of hearing of Petition where List of Creditors
dispensed with.

Title as in Form No. 1.)

Notice is hereby given that a petition presented to the Court on the day of
, 19 , for confirming the reduction of the capital of the above-named
company from $ to § iby cancelling capital which has been lost
or is unrepresented by available assets! is directed to be heard in Court on
day, the day of , 19
{Any creditor desiring to oppose the making of an order for the reduction of the
capital of the said company under the above Ordinance may appear at the time of
hearing by himself or his counsel for that purpose. Such person is required to
give two clear days’ notice in writing of his intention to appear with the grounds
of his objections to the undersigned, the solicitor for the company.
A copy of the petition will be furnished to any person requiring the same by the
undersigned on payment of the regulated charge for the same.]
Dated the day of , 19
A.B.,
Solicitor for the said Company.}
N.B.—It is apprehended that the words in brackets will not be used where an
order has been made that subsection (2) of section 58 is not to apply.

D.
Additional Paragraph to Form 4.
And take further notice that by an Order dated the day of
19 the Court gave leave that the notice required by r. 11 (d) of the Rules of
Procedure to be served on creditors of the above-named company should be served
on the holders of the debentures of the said company [whose names and addresses