FORM NO. 38
 

[See Rule 74]

[Heading as in Form No. 1]

Company Application No. ________ of 20__ ___________ Applicant (s)

Notice Convening Meeting of Creditors/shareholder, etc.

Notice is hereby given that by an order, dated the ______ 20__., the court, has directed a meeting (or separate meetings) to be held of [here mention `debenture holders' of `first debenture holders' or `second debenture-holders' or `unsecured creditors' or `secured creditors' or `preference shareholders' or equity shareholders' as the case may be, whose meeting or meetings have to be held] of the said company for the purpose of considering, if thought fit, approving with or without modification, the compromise or arrangement proposed to be made between the said company and (here mention the class or creditors or members with whom the compromise or arrangement is to be made) of the company aforesaid.

In pursuance of the said order and as directed therein, further notice is hereby given that a meeting of (here set out the class of creditors or members with whose meeting has to be held) of the said company will be held at ________ on _____ day _____ , the ___________ day of ________ 20__, at ____ o'clock at which time and place the said (here mention the class of creditors or members) are requested to attend.

[Where separate meeting or classes of creditors or members are to be held, set them out separately with the place, date and time of the meeting in each case].

Copies of the said compromise or arrangement, and the statement under section 393 can be had free of charge at the registered office of he company or at the office of its advocate Shri _____ at _____ .

Persons entitled to attend and vote at the meeting (or respective meetings), may vote in person or by proxy, provided that all proxies in the prescribed format deposited at the registered office of the company at ________ not latter than 48 hours before the meeting.

Forms of proxy can be had at the registered office of the company.

The Court has appointed Shri _____ and failing him, Shri ____ as chairman of the said meeting (or several meetings). The above mentioned compromise or arrangement, if approved by the meeting, will be subject to the subsequent approval of the Court.

Dated this ____ day of _________ 20__.

Chairman appointed for the meeting
(or as the case may be)