Section 12 – THE COMPANIES (COURT) RULES, 1959

12. Matters to be heard in open Court and in Chambers

(a) The following matters shall be heard in open Court :-

       

(1) Petitions.

 

(2) Applications under section 43 for relief in case of default by a private company in complying with the provisions of its articles.

 

(3) Applications under section 75(4) for relief in case of default in delivering documents to the Registrar of Companies.

 

(4) Applications under section 89(3) for directions regarding termination of disproportionately excessive voting rights in existing companies.

 

(5) Applications under section 250 for a direction, that shares or debentures shall cease to be subject to restrictions imposed by the Central Government under the said section.

 

3[(6)]

 

3[(7)]

 

(8) Applications under section 391(1) for convening meetings of creditors and/or members of a company or any class of them.

 

(9) Proceedings under section 394 for reconstruction or amalgamation of companies.

 

(10) Public examination under section 478 or section 519.

 

(11) Applications for a declaration under section 542 that a person who was knowingly a party to carrying on business in a fraudulent manner shall be personally liable for all or any of the debts or other liabilities of the company.

 

(12) Applications under section 543 to enquire into the conduct of a promoter, director 3[***], etc., and compel him to repay or restore any money or property to the company or pay compensation.

 

(13) Applications under section 545(1) for prosecution of delinquent officers and members of a company.

 

(14) Applications under section 555(7) by a person claiming to be entitled to any money paid into the Companies Liquidation Account.

 

(15) Applications for committal of any person for contempt.

 

(16) Appeals from any act or decision of the Official Liquidator.

 

(17) Applications relating to the admission or rejection of proofs.

 

(18) Such other matters and applications as the Judge may from time to time by general or special order direct to be heard in open Court :

 

Provided that the Court may, if it thinks fit, direct that the hearing or any part of the hearing of any of the said matters, shall be held in Chambers.

 

(b) Every other matter or application may be heard and determined in Chambers provided that the Judge may adjourn any such matter into Court.

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