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Union of India - Section

Section 9 in 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.