valid as on 21/10/2020

20.1.9- Companies (Winding Up) Rules, 2020

9. Substitution for original petitioner.- (a) Where a petitioner –

(i) is not entitled to present a petition; or

(ii) fails to advertise his petition within the time prescribed by these rules or by order of Tribunal; or

(iii) consents to withdraw the petition, or to allow it to be dismissed, or fails to appear in support of his petition when it is called on in Tribunal on the day originally fixed for the hearing thereof, or any day to which the hearing has been adjourned; or

(iv) if appearing, does not apply for an order in terms of the prayer of his petition; or,

(b) where in the opinion of the Tribunal there is other sufficient cause for an order being made under this rule, the Tribunal may, upon such terms as it may think just, substitute as petitioner any other person who, in the opinion of the Tribunal, would have a right to present a petition, and who is desirous of prosecuting the petition.


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