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.
(6)[omitted] (7) [omitted]
(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 , 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. |
