Order On Petition (confirming The Alteration) Affidavits Affidavits Under Companies Act And Rules 396 Legal Draft Template

Upon the petition of the company abovenamed presented to this Court on the ........ day of …………. 20……., and upon hearing counsel for the petitioner, and upon reading the said petition and the affidavit in support thereof ………….. filed the .......... day of ………… 20……, and the exhibits therein referred to, and the order dated ……….. 20……, made upon the summons for directions, and the notice of the hearing of the said petition having been duly advertised as directed by the said order, and notice having also been served on the Registrar of Companies [and on the Central Government] and the Court being satisfied that sufficient notice has been given [to every debenture-holder of the said company and] to every person whose interests will be affected by the alteration and upon hearing the Registrar of Companies [and upon hearing the objections of ………….. (here set out the parties if any, appearing and objecting to the proposed alteration)], [and the Court being satisfied that with respect to every creditor entitled to object and objecting to the alteration, either his consent to the alteration has been obtained or his debt or claim has been discharged or determined or been duly secured].

This Court Doth Order :

(1) That the alteration in the memorandum of association of the said company proposed by the special resolution of the abovenamed company passed in accordance with Section 189 at a general meeting of the said company held on the ………… day of ………… 20……, (which special resolution is set forth in Schedule I hereto), be and the same is hereby confirmed ;

[Where the Court confirms the alterations in part or subject to any terms and conditions, the clause should be suitably recast in accordance with such order.]

(2) That the memorandum of association of the company as altered by this order shall be as set out in Schedule II hereto.