REGISTERED No.D.221
The Gazette of India
EXTRAORDINARY .
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 296] NEW DELHI, SATURDAY, DECEMBER 15, 1973/AGRAHAYANA 24, 1895
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Department of Company Affairs)
NOTIFICATION
New Delhi, the 21 st November, 1973.
THE COMPANY'S LIQUIDATION ACCOUNT (AMENDMENT) RULES, 1973.
G. S. R, 523 (E).—In exercise of the powers conferred by sub-section (3) of section 555 read with sub-section (i) of section 642 of the Companies Act, 1956, (1 of 1956) the Central Government hereby makes the following rules further to amend the Company's Liquidation Account Rules, 1965, namely:—
1. These rules may be called the Company's Liquidation Account (Amendment) Rules, 1973.
a. In the Company's Liquidation Account Rules, 1963, for Annexurt I I, the following Annexure shall be substituted, namely:'—
"ANNEXURE —II"
[See Rule 9(5)]
THIS DEED OF INDEMNITY made this
between
day of (Please see note (i)
. ]son o f . . . . ";
referring at
hereinafter referred to as the principal party (vhich expression shall ewless exchanged -
pugnant to the context include his hairs, executors,administrators, legal representatioms
, [Please
Usitpi) of the first part
(1761)
I fe .-, - .tyifrfy2Xtt& OF INDIA EXtKAORDDMSY' ^ i i i l l-
] son of
tee Note (H)
residing at
Hereinafter referred to as the surety (which expression shall unless excluded by or repugnant to the context include Us heirs, executors, administrators, legal representatives and assigns) ol tbe second part AND The Regional Director, Company Law Boara Eastern/Southem/Wcstem/ Northern Region, bm'Oft W" cifl-e at (which expression shall unle"s excluded by or repugnant to the context iuchiafrbis successors in efflec) of the third part:
WHERBAS fPfcaie Me Note (IH)
]Limited went
nto liquidation;
AND WHEREAS tbe Official Liquidator of the said company paid and deposited in the company'> liquidation account in the public account of Govtri m nt of India tnc balance of the monies in his hands or under 1 is control representing unclaimed dividends payable to the creditors •nd/or undistributed assets refundable to contributorics, which remained unclaimed ard/or un- distributed for over six months after the same became payable:
AND WHERBAS the amount deposited into the Company's Liquidation Account includes a turn of Rs payable as dividend/undistributed assets to Shrl
(state the name of the person in whose name the amount stands deposited) is • Creditor/Contributory:
AND WHEREAS the Principal party claims to be solely entitled to the said sum of Rs
(as heirs/exeutors/administrators/legal-representatlvcs assigns)
[Su (Please Note IV)]
on account of
AND WHERBAS p r i n d pj parry could not file his claim to the liquidator for the said sum [Please see Note (V) ]
AND WHEREAS the principal party or any otter person on his behalf has not made an application in any Court for any order for payment of the said sum of Rs and no such .application- is pending in any Court of law in the Union ol India:
AND WHBRBAS the principal party bas requested the Regiom.1 Director aforesaid to nuke payment of the "aid sum of money claimed by him out of the said company's liquidation account with retard to ihpr *ajd company;
AN1> WHBRlTAtf by virtue of delegation from tbe Central Government (Vitfe Notification No. GSR-71 dated the 1st Januaryj 1966 read with Section 637 (i)(b)oftbc Companies Act,i9j6) the laid Regional Director is competent under section 55517) (b) of the said Act to make an order for the payment of the sum so claimed by the principal party and requires for the purpose ot such an order "n indemnity tcbe executed by the principal party in the manner following —
NOW THIS DEED WITNflSSETH that in pursuance of tbe representation made by the principal party as aforesaid arid of the eald requirement and in consideration of the payment by the said Regional Director to the Principal party of the sum of Rs the principal parry and the surety hereby jointly and severally undertake and bird themselves to pay to the said Regional Director on demand and without demur the said sum of Rs togetherwith interest at 6% per annum, in the event of the said sum being found to be not paymable to thrprin- cipal party (and the decision of the Government in this behalf shall be final and binding on th; parties) and the principal party and the surety hereby further undertake that they will at all timis indemnify and keep the said Regional Director indemnified and harmless from all liablli'ies, with regard 10 the payment made to the principal party as aforesaid and against all actions, claims and denunds, costs damages and expenses which may be levied] biought or made agaWt the laid Regional Director by any person by reason of the payment being made by the said Regional Director of the said sum as aforesaid.
IN WITNESS whereof the parties hereto have set their respective bands the day and the year flrst above written.
Signature of the Principal Party Signed, waled & delivered by the Principal party who is personally known to me and signed in my presence.
Signature of witness
Signature of Surety.
His occupation & Address.
Tbe surety Is personally known to me and signed
In m> presence.
ACCEPTED.
Signature of Wi'ness His occupation & Address
,
Regional Director -;
Company Law Board . .. .Region.
DEC. iWl THB"&A#BTTafi 6P itfDlA EXTRAORDINARY 1763
Noras :—
(I) Here quote the name of the claimant who is the Prir.cipul Party.
(IT) Here quote the name of the Surety, if any.
(III) Here quote the name of the company in rcBpect whereof the payment i" being made.
(IV) The portion in brackets may be retained where applicable i.t. in cases where th" amount does not stand to the credit of the principal party.
(V) Here state the reasons wby the claimant couM not receive money now claimed earlier.
(VI) In the case of an executant who is not well conversant with Erglishj the deed should be propci ly read over and explained by a compeiunt pcuon who should attest to that effect.
Please strike off whatever words are not necessary or appropriate.
CERTIFICATE OF SOLVENCY
S/o ShH
TUs is to certify that Shri of
is personally known to me and that he is solvent enough to stand surety for sum of Rs only.
Date,
Signature of the Gazetted Officer, Revenue Officer or a member of Municipality.
Designation with the stamp of office.
[No. 2/19/71-CL.V]
P. B. MENON, Jt. Secy.
1764 ttOt G A Z B T T* OV IKDIA EXTRAORDINARY [PART H—
Sue. 3 (IVJ tftK GAZETTE OF INDIA EXTRAORDINARY 1765
17 >5 THB GAZBTTH OF INDIA EXTRAORDINARY ^m D-te. )())]
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