28 Disclaimer
(1) Application for disclaimer -
An application for leave to disclaim any part of the property of a company under section 333 shall be made in Forms Nos. 76 to 82 along with such variations as may be necessary.
(2) Preliminary hearing of the application - The application shall be posted before the Tribunalex-parte in the first instance for directions as to the persons on whom notice of the application should be served, and the Tribunal shall thereupon fix a date for the hearing of the application and give such directions as may be necessary to the persons on whom notice of the application should be served.
(3) Claimant to furnish statement of his interest - Where a person claims to be interested in any part of the property of the company which the Company Liquidator wishes to disclaim, such person shall, if so required by the Company Liquidator, furnish a statement of the interest claimed by him.
(4) Service of notice - Notice of the date fixed for the hearing of the application shall be in Form No.83 and shall be served not less thanseven days before the date fixed for the hearing, together with a copy of the application and of the affidavit filed in support thereof. The notice shall require that any affidavit-in-opposition to the application shall be filed in Tribunal and a copy thereof served on the Company Liquidator of the company not later than two days before the date fixed for the hearing.
(5) Order granting leave to disclaim - The order granting leave to disclaim shall be in Form No. 84.
(6) Disclaimer to be filed with Registrar of Companies - The Company Liquidator shall file a copy of the disclaimer with the Registrar of Companies.
An order requiring parties interested in a disclaimed lease to apply for a vesting order or to be excluded from all interest in the lease shall be in Form No. 85, and an order vesting lessee and excluding persons who have not elected to apply, shall be in Form No. 86. |