Rules and Regulations of India

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Section 119 – THE COMPANIES (COURT) RULES, 1959

119. Application for transfer

(1) Where a winding-up, order has been made by a High Court, an application for a direction that all subsequent proceedings in the winding-up be had in a District Court subordinate to the High Court or in any other High Court or in a District Court subordinate thereto, shall be made to the High Court that made the winding-up order by the Official Liquidator of that Court, or by the Official Liquidator of the Court to which the proceedings are sought to be transferred, or by a creditor or contributory of the company.

 

(2) An application for the transfer of winding-up proceedings from a District Court to the High Court or to another District Court shall be made to the High Court by the Official Liquidator attached to the first mentioned District Court, or by the Official Liquidator attached to the High Court, or by a creditor or contributory of the company.

 

(3) Notice of every application for transfer of winding-up proceedings shall be given to the Official Liquidators of both the Court from which and the Court to which, the proceedings are sought to be transferred, and to the parties to the winding-up petition, and if so ordered by the Court, by advertisement in such newspapers as the Court may direct.

 

(4) An order transferring winding-up proceedings from the High Court to a District Court or from one District Court to another shall be in Form No. 54.

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