Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 441

Procedure

441.
(1) Every application or reference to court under the provisions of this Act unless otherwise expressly provided, or unless the court otherwise directs, shall be by way of petition and affidavit and every person against whom such application or reference shall be made shall be named a respondent in the petition and shall be given notice of the same and be entitled to object to such application or reference.
(2) Pending the making of a final order in any application or reference made under the provisions of subsection (1) the court may on the application of a party to the proceedings make an interim order including a restraining order which it thinks fit.
(3) Every application or reference made to the court in the course of any proceedings under the Act, incidental thereto, shall be made by motion and a memorandum in writing of such motion shall be at the same time delivered to the court.
(4) The Registrar shall be entitled to be heard or represented in any application or reference made to the court under this Act at any stage of any such application or reference.
(5) In all proceedings before court by way of application or reference under this Act; the costs of the Registrar shall be in the discretion of the court, but the Registrar shall not be ordered to pay costs of any other of the parties.


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