Section 101 – THE COMPANIES (COURT) RULES, 1959

101. Substitution of creditor or contributory for original petitioner

Where a petitioner,-

 

(1) is not entitled to present a petition, or

 

(2) fails to advertise his petition within the time prescribed by these rules or by order of Court or such extended time as the Court may allow, or

 

(3) consents to withdraw the petition, or to allow it to be dismissed, or the hearing to be adjourned, or fails to appear in support of his petition when it is called on in Court on the day originally fixed for the hearing thereof, or any day to which the hearing has been adjourned, or

 

(4) if appearing, does not apply for an order in terms of the prayer of his petition, or where in the opinion of the Court there is other sufficient cause for an order being made under this rule, the Court may, upon such terms as it may think just, substitute as petitioner any creditor or contributory who, in the opinion of the Court, would have a right to present a petition, and who is desirous of prosecuting the petition.

 

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