Form No. 039 - Report by Chairman - Company Court Rules, 1959

Form No. 39 (See rule 78) [Heading as in Form No. 1] Company Application No. ................... of 19 .......... ................... Applicant(s) Report by Chairman I, E.F., the person appointed by this Hon'ble Court to act as Chairman of the meeting of [the debenture holders or first debenture holders or second debenture holders or unsecured creditors or secured creditors or preference shareholders or equity shareholders] of the above-named company, summoned by notice served individually upon them and by advertisement dated the ................... day of ................... 19 ......... and held on the ................... day of ................... 19 ......... at ..................., do hereby report to this Hon'ble Court as follows: 1. The said meeting was attended either personally or by proxy by (here state the number of creditors or the class of creditors or the number of members or the class of members as the case may be, who attended the meeting), of the said company entitled together to ................... (here mention the total value of the debts, or debentures, where the meeting was of creditors, and the total number and value of the shares, where the meeting was of members, of those who attended the meeting). 2. The compromise or arrangement was read out and explained by me to the meeting and the question submitted to the said meeting was whether the (here state the class of creditors or members, as the case may be) of the said company approved of the compromise or arrangement submitted to the meeting and agreed thereto. 3. The said meeting was unanimously of the opinion that the compromise or arrangement should be approved* and agreed to/or the result of the voting upon the said question as follows: The under-mentioned [here mention the class of creditors or members who attended the meeting] voted in favour of the proposed compromise or arrangement being adopted and carried into effect: Name of creditor (or member) Address Value of debt (or No. of preference or equity shares held) Number of votes 1. 2. 3. etc. The under-mentioned [Here mention the class of creditors or members who attended the meeting] voted against the proposed compromise or arrangement being adopted and carried into effect: Name of creditor (or member) Address Value of debt (or No. of preference or equity shares held) Number of votes 1. 2. 3. Dated this ................... day of ................. 19 .......... (Sd.) E.F. ................. Chairman. * If the compromise or arrangement was approved with modifications, it should be so stated and the modifications made should be set out, and also the particulars of the voting on the modifications.