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State of Rajasthan - Section

Section 465 in Rajasthan Insolvency Rules

465. Destruction of Registers consigned to record-room.

- The Registers consigned under the preceding rule to the record room shall be destroyed on the expiration of twenty years from the date of the last entry therein.Form No. 39(Rule 419)General Title of Insolvency PetitionIn the Court ofInsolvency Petition No. ............ 19.....In the matter ofEx parte (here insert " the debtor" or A.B. or "creditor" or "the official Receiver" or "the Receiver").[Not Printed]Form No. 40(Rule 419)Debtors Petition
(Title)I (a) ordinarily residing at (or carrying on business at or "personally
(a) Insert name and address working for gain at" or "inand description of debtor. working for gain at" or "in custody at)" inconsequence of the order of
(b) State name of court and being unable to pay my debts,particulars of decree in respect of which the order of detentionhas been made or by which an order of attachment has been madeagainst debtor’s property. being unable to pay my debts.
(c) State whether and how any of the debts are secured.  
hereby petition that I may be adjudged an insolvent. The total amount of all pecuniary claims against me is Rs. (c) as set out in detail in Schedule A annexed hereunto, which contains the names and residences of all my creditors, so far as they are known to or can be ascertained by me. The amount and particulars of all my property are set out in Schedule B annexed hereunto together with a specification of all my property, not consisting of money, and the place or places at which such property is to be found and I hereby declare that I am willing to place all such property at the disposal of the Court save in so far as it includes such particulars (not being my books of accounts) as are exempted by law from attachment and sale in execution of a decree.I have not on any previous occasion filed a petition to be adjudged an insolvent, or, I set out in Schedule C particulars (d) relating to my previous/petitions petition to be adjudged an insolvent.
(d)The particulars required.-
(i)Where a petition has been dismissed, reasons for such dismissal.
(ii)where the debtor has previously been adjudged an insolvent, concise particulars of the insolvency including a statement whether any previous adjudication has been annulled and if so the grounds therefor verification clause as in plaints.
SignatureForm No. 41(Rule 419)Notice to Creditors of the date of hearing of an Insolvency PetitionSection 19
(Title)whereas A.B. .................... has applied to this Court by a petition dated .......... of 19 to be declared an insolvent under the Provincial Insolvency Act V of 1920. and your name appears in the list of creditors filed by the aforesaid debtor, this is to give you notice that the Court has fixed the day of ..........19.... for the hearing of the aforesaid petition and the examination of the debtor. If you desire to be represented in the matter, you should attend in person or by duly instructed pleader. The particulars of the debt alleged in the petition to be due to you are as follows :-
Form No. 42(Rule 419)Order of AdjudicationSection 27
(Title)Pursuant to a petition, dated..................against (here insert name, description and address of the debtor) ................. and on the application of (here insert ‘the official Receiver" or "the debtor himself or "A.B. of ..........a creditor") and on reading ..................and hearing, it is ordered that the debtor be, and the said debtor is hereby, adjudged insolvent.
Dated this .................... day of 19......Form No. 43(Rule 419)Order appointing a ReceiverSection 56
(Title)Whereas pursuant to his application, dated .............. A.B. was adjudicated an insolvent by order of this Court, dated .............and it appears to the Court that the appointment of a Receiver for the property of the insolvent is necessary.
It is ordered that a receiving order be made against the insolvent and a receiving order is hereby made against the insolvent and A.B. of ........... (for the official Receiver) is hereby constituted Receiver of the property of the said insolvent. And it is further ordered that the said Receiver (not being the official Receiver) do give security to the extent of..............and that his remuneration be fixed at.DatedForm No. 44(Rule 419)Notice to creditors of the date of consideration of a Composition of Scheme of ArrangementSection 38 (1)
(Title)Take notice that the Court has fixed the.............day of....... 19........for the consideration of a composition (or scheme of arrangement) submitted by A.B. the debtor in the above insolvency petition. No creditor who has not proved his debt before the aforesaid date will be permitted to vote on the consideration of the above matter. If you desire to be represented at the above-mentioned hearing you should be present in person or by duly instructed pleader with your proofs.
Form No. 45(Rule 419)Form under section 38(2)List of creditors for use at Meeting held for consideration of Composition or Scheme
(Title)Meeting held at................this day..............of 19.......
No. Name of all creditors whose proofs have beenadmitted Here state as to each creditor whether he voted,and if so, whether personally or by pleader Amount of assets Amount of admitted proof
    Total….........    
Required number of majority...........................Required value...............Rs.Form No. 46Form of Notice Under Section 64(Rule 419)Notice to persons claiming to be Creditors of intention to declare final dividend
(Title)Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish you claim to the satisfaction of the Court on or before the............day of.......19.......or such later day as the Court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim.
Dated this ........... day of 19 .........ToX.Y.
(Address)Form No. 47
(Rule 419)Order annulling adjudication under Section 35
(Title)On the application of R.S. ..............of .............and on reading and hearing, it is ordered that the order of adjudication, dated.......... against A.B. of..............be and the same is hereby annulled.
Dated this...............day of 19...........JudgeForm No. 48(Rule 419)Notice to creditors of Application for dischargeSection 41(1)
(Title)Take notice that the above-named insolvent has applied at the Court for his discharge, and that the Court has fixed the...........day of..........19 , at........O’clock for hearing the application.
Dated this...............day of....... 19....Judge.Note. - On the back of this notice the provisions of section 42(1), Act V of 1920, should be printed.Form No. 49(Rule 419)Order of discharge subject to conditions as to earnings after acquired property and incomeSection 41(2)(A), (B) Or (C)
(Title)On the application of............adjudged insolvent on the.............. day of..........19...... and upon taking into consideration the report of the Official Receiver (or Receiver) as to the insolvent’s conduct and affairs and bearing a.b. and C.D. creditors:-
It is ordered that the insolvent:-
(a)be discharged forthwith: or
(b)be discharged on the............or
(c)be discharged subject to the following conditions as to his future earnings after acquired property and income.
After setting aside out of the insolvent’s earnings after acquired property and income, the yearly sum of Rs....for the support of himself and his family the insolvent shall pay the surplus, if any (or such portion of such surplus as the court may determine), of such earnings after acquired property and income to the court or Official Receiver (or Receiver) for distribution among the creditors in the insolvency. An account shall, on the first day of January in every year, or within fourteen days thereafter, be filed in these proceedings by the insolvent, setting forth a statement of his receipts from earnings, after acquired property and income during the year immediately preceding the said date and the surplus payable under this order shall be paid by the insolvent into court or the official Receiver (or Receiver) within fourteen days of the filing of the said account.Dated this..............day of...19....JudgeForm No. 50(Rule 419)Notice of application by unscheduled creditor
(Title)To
Whereas am application has been made to this court by.................... who claims to be creditor of...............whose application to be declared as insolvent was filed in this court on the..............day of. .......19....., for permission to produce evidence of the amount and particulars of his pecuniary claims against the insolvent, and for an order directing his name to be entered in the schedule as a creditor for t he debts which he may prove; is to give you notice that the said application will be heard in this court on the...............day of....19, when you should appear personally, or by pleader, if you desire to object to it.Given under my hand and the seal of this court, the............day.........of 19....JudgeForm No. 51(Rule 443)Receipt Book
Book No. Serial No. Book No. Serial No.
Receipt Book Receipt Book
Received from................. Received from................
Reference to the demand Register or other record Particulars Amount Reference to the demand Register or other record Particulars Amount
Date of Realization Date of Realization
Initial of Official Receiver or of the Collectingagency Initial of Official Receiver or of the Collectingagency
Form No. 52(Rule 443)Receipt Book (Zamindari)
Book No. Receipt forReceived from tenantvillageNo. Estate of in bahikhata
Receipt No.
Date By whom paid Nature of holding Kist and year On what account Whether partial or complete payment Amount
Signature of Hawaldar
Book No. Received from tenantvillageNo. Estate of in bahikhata
Receipt No
Date By whom paid Nature of holding Kist and year On what account Whether partial or complete payment Amount
             
Total brought forwardProgressive totalSignature of HawaldarReceipt Book (Zamindari) (Duplicate copy)
Book No. Receipt forReceived from tenantvillageNo. Estate of in bahikhata
Receipt No
Date By whom paid Nature of holding Kist and year On what account Whether partial or complete payment Amount
             
Signature of Hawaldar
Book No. Received from tenantvillageNo. Estate of in bahikhata
Receipt No
Date By whom paid Nature of holding Kist and year On what account Whether partial or complete payment Amount
             
Total brought forwardProgressive totalSignature of HawaldarForm No. 53(Rule 444)Proof of debt General formSection 49
(Title)In the matter of ................ No. (a) of 19... of (b) make oath and say (or solemnly and sincerely affirm and declare):-