About this agreement
FORM NO. 49
Are you filing a winding-up petition against a company in India and need a compliant FORM NO. 49 format for newspaper advertisement? Our ready-to-use FORM NO. 49 sample in PDF or Word format ensures your notice meets Companies (Court) Rules, 1959 requirements, saving you time and avoiding legal errors.
What is FORM NO. 49?
FORM NO. 49 is the prescribed format for the advertisement of a winding-up petition under Rule 24 of the Companies (Court) Rules, 1959 in India. It is mandatory to publish this notice in one issue of a newspaper circulating in the district where the company has its registered office or principal place of business. This form alerts creditors, contributories, and the public about the petition filed before the National Company Law Tribunal (NCLT) or High Court for winding up the company due to inability to pay debts, just and equitable grounds, or other statutory reasons.
The FORM NO. 49 format is crucial in the insolvency and liquidation process, providing transparency and allowing interested parties to participate in hearings. Using a correct FORM NO. 49 sample prevents rejection of your petition for non-compliance.
Why is FORM NO. 49 Important?
Publishing FORM NO. 49 is a statutory requirement under Section 443 of the Companies Act, 1956 (now under IBC 2016 and NCLT rules), ensuring due process. Failure to advertise properly can lead to delays, dismissal, or penalties. Key benefits include:
- Legal Compliance: Matches exact court-prescribed layout and content.
- Creditor Protection: Notifies potential claimants to join proceedings.
- Efficiency: Ready-to-use template reduces drafting time for lawyers and petitioners.
- Wide Reach: Ensures publication in English and vernacular newspapers as required.
In India’s evolving corporate insolvency landscape, a precise FORM NO. 49 format strengthens your case before the NCLT.
Key Elements of FORM NO. 49 Format
A standard FORM NO. 49 sample must include:
- Heading: 'In the High Court of [State] at [City]' or 'Before the National Company Law Tribunal'.
- Petition Details: Company Petition No., name of petitioner, and respondent company.
- Notice Content: Statement that a petition for winding up has been presented, grounds (e.g., unpaid debt over ₹1 lakh), date of petition, and hearing date.
- Publication Instructions: Newspaper name, date (at least 14 days before hearing).
- Affidavit Reference: Proof of publication.
- Signatures: Of petitioner or advocate.
Our customizable legal template covers all these elements, formatted for easy printing and submission.
Who Should Use FORM NO. 49?
This form is essential for:
- Creditors: Recovering unpaid dues from defaulting companies.
- Company Directors/Petitioners: Seeking voluntary winding up.
- Legal Professionals: Handling insolvency cases in civil courts or NCLT.
- Businesses: Involved in commercial disputes leading to liquidation.
Common use cases include supplier unpaid invoices, loan defaults, or shareholder disputes in India.
Download FORM NO. 49 Format Now
Get instant access to our professional FORM NO. 49 template in editable Word or PDF format. Perfect for free download preview or paid customization with AI or legal expert help. Tailor it to your case specifics and publish confidently.
Customize and Get Legal Advice
While our FORM NO. 49 sample is ready-to-use and compliant with Indian laws, consult a lawyer for case-specific advice. Not legal advice—use as a customizable legal template. Explore related formats like Form 48, winding-up petition drafts, NCLT notices, insolvency templates, India court forms, PDF downloads, and more for your corporate legal needs.
Frequently asked questions
What is Form No. 49?→
Form No. 49 is the standard legal form prescribed under Appendix B of the Code of Civil Procedure, 1908 (CPC), for issuing a Warrant of Committal against a respondent who fails to pay the costs awarded in an appeal under Order XLI Rule 32.
Is Form No. 49 legally valid in India?→
Yes, Form No. 49 is legally valid and enforceable in all civil courts across India as it is part of the First Schedule of the CPC, 1908, subject to any state-specific amendments.
Does Form No. 49 require stamp duty or court fees?→
Form No. 49, being a court warrant, typically requires payment of court fees as per the Court Fees Act, 1870, and state rules; no separate stamp duty is usually applicable on the form itself.
In what format can I download Form No. 49?→
You can download Form No. 49 in both editable Word (.doc) and non-editable PDF formats, suitable for printing and filing in Indian courts.
Can I edit or customize Form No. 49?→
Yes, you can customize Form No. 49 by filling in case-specific details like names, dates, and amounts, but do not alter the prescribed structure to maintain legal validity in India.
Who should use Form No. 49 and when?→
Appellants or their advocates should use Form No. 49 when the respondent neglects or refuses to pay appeal costs, to seek a committal warrant from the appellate court under CPC Order XLI Rule 32.