27 Application Against Delinquent Directors, Promoters and Officers of the Company
(1) Applications under section 339 or 340 - An application under sub-section (1) of section 339 or under sub-section (1) of section 340, shall be made by summons returnable in the first instance in chambers and be served on every person against whom an order is sought in not less than seven days before the day mentioned in the summons for the hearing of the application. It shall not be necessary to file any affidavit or report before the return of the summons. The summons shall be in Form No. 72 or 73 with such variations as may be necessary.
(2) Directions at preliminary hearing of summons - On the return of the summons, the Tribunal may give such directions as it shall think fit as to whether points of claim and defence are to be delivered, as to the taking of evidence wholly or in part by affidavit or orally, as to the cross-examination, before the Bench on the hearing in Tribunal or of any deponents to affidavits in support of or in opposition to the application, as to any report it may require the Company Liquidator to make, and generally as to the procedure on the summons and for the hearing thereof. Points of claim to be delivered shall be in Form Nos. 74or 75 with such variations as may be necessary.
(3) Liberty to apply for further directions - Where the Tribunal has directed that points of claim and defence shall be delivered, it shall be open to either party who wishes to apply for any further direction as to any interlocutory matter, to apply, by restoration, of the summons, before the summons has been set down for trial, for such direction, upon giving two clear days notice in writing to the other party stating the grounds of the application. A copy of the notice shall be filed with the Registrar two clear days before the day fixed for the hearing of the application. |