CHARGING ORDERS, STOP ORDER ETC.

PART I-STOCK

1. For the purposes of this part of this Order-

2. (1) An order charging stock may be made by the Court and the proceedings for obtaining such order shall be such as are directed and the effect shall be such as is provided by the Remedies of Creditors Ordinance Ch. 6 No. 2.

(2) An application for the appointment of a receiver or an injunction may be joined with the application for the order under this rule.

3. Every summons by a separate judgment creditor of a partner for an order charging his interest in the partnership property and profits under section 25 of the Partnership Ordinance Ch. 31 No. 2 and for such other orders as are thereby authorised to be made, shall be served on the judgment debtor and on his partners or such of them as are within the jurisdiction; and such service shall be good service on all the partners, and all orders made on such summons shall be similarly served.

4. Every application which shall be made by any partner of the judgment debtor under the same section shall be made by summons, and such summons shall be served on the judgment creditor and on the judgment debtor and on such of the other partners as shall not concur in the application and as shall be within the jurisdiction, and such service shall be good service on all the partners and all orders made on such summons shall be similarly served.

5. (1) Any person claiming to be beneficially entitled to an interest in any stock who wishes to be notified of any proposed transfer or payment of that stock may avail himself of the provisions of this rule.

(2) A person claiming to be so entitled must file in the Registry or in a Sub-Registry:-

(3) There must be indorsed on the affidavit filed under this rule a note stating the address to which any such notice as is referred to in rule 6(1) is to be sent and, subject to paragraph (4) that address shall for the purpose of that rule be the address for service of the person on whose behalf the affidavit is filed.

(4) A person on whose behalf an affidavit under this rule is filed may change his address for service for the purpose of rule 6 by serving on the company concerned a notice to that effect and as from the date of service of such a notice the address stated therein shall for the purpose of that rule be the address for service of that person.

6. (1) Where a notice under rule 5 has been served on a company, then, so long as the notice is in force, the company shall not register a transfer of any stock or make a payment of any dividend or interest, being a transfer or payment restrained by the notice, without serving on the person on whose behalf the notice was filed at his address for service a notice informing him of the request for such transfer or payment.

(2) Where a company receives a request for such transfer or payment as is mentioned in paragraph (1) made by or on behalf of the holder of the stock to which the notice under rule 5 relates, the company shall not by reason only of that notice refuse to register the transfer or make the payment for longer than 8 days after receipt of the request except under the authority of an order of the Court.

7. If any stock is incorrectly described in a notice filed under rule 5 the person on whose behalf the notice was filed may file in the Registry or Sub-Registry in which the notice was filed an amended notice and serve on the company concerned a copy of that notice sealed with the seal of the Registry or that Sub-Registry, and where he does so the notice under rule 5 shall be deemed to have been served on that company on the day on which the copy of the amended notice was served on it.

8. (1) The person on whose behalf a notice under rule 5 was filed may withdraw it by serving a request for its withdrawal on the company on whom the notice was served.

(2) Such request must be signed by the person on whose behalf the notice was filed and his signature must be witnessed by a practising solicitor.

(3) The Court on the application of any person claiming to be beneficially entitled to an interest in the stock to which a notice under rule 5 relates, may be order discharge the notice.

(4) An application for an order under paragraph (3) must be made by originating summons, and the summons must be served on the person on whose behalf the notice under rule 5 was filed.

No appearance need be entered to the summons.

9. (1) The Court on the application of any person claiming to be beneficially entitled to an interest in any stock of any company may be order prohibit the company from registering any transfer of such part of that stock as may be specified in the order or from paying any divided thereof or interest thereon.

The name of the holder of the stock to which the order relates shall be stated in the order.

(2) An application for an order under this rule must be made by motion or summons. No appearance need be entered to an originating summons under this rule.

(3) The Court on the application of any person claiming to be entitled to an interest in any stock to which an order this rule relates, may vary or discharge the order on such terms (if any) as to costs as it thinks fit.

Part II-Money in Court

10. For the purposes of this part of this Order-

11. (1) The Court may, for the purpose of enforcing a judgment or order for the payment of an ascertained sum of money to a person by order impose on any interest to which the judgment debtor is beneficially entitled in respect to any money in court identified in the order a charge for securing payment of the amount due under the judgment or order and interest thereon.

(2) Any such order shall in the first instance be an order to show cause, specifying the time and place for the further consideration of the matter and imposing the charge until that time in any event.

(3) Notice of the making of an order under this rule to show cause, with a copy of that order, must as soon as practicable after the making of the order, be served on the appropriate officer.

(4) An application for an injunction may be joined with the application for the order under this rule.

12. An application for an order under rule 11 must be made ex parte supported by an affidavit-

and a certificate of fund showing the amount of money in court.

13. Unless the Court otherwise directs, a copy of the order under rule 11 to show cause must, at least 7 days before the time appointed thereby for the further consideration of the matter, be served on the judgment debtor, and if he does not attend on such consideration proof of service must be given.

14. No disposition by the judgment debtor of his interest in any money in court to which an order under rule 11 to show cause relates made after the making of that order shall, so long as that order remains in force, be valid as against the judgment creditor.

15. (1) On the further consideration of the matter the Court shall, unless it appears that there is sufficient cause to the contrary, make the order absolute with or without modifications.

(2) Where on the further consideration of the matter it appears to the Court that the order should not be made absolute it shall discharge the order.

16. The Court on the application of the judgment debtor or any other person interested in the money in court to which an order under rule 11 relates, may at any time whether before or after the order is made absolute, discharge or vary the order on such terms (if any) as to costs as it thinks just.

17. (1) The Court on the application of any person-

(2) An application for an order under this rule must be made by summons in the cause or matter relating to the funds in court, or, if there is no such cause or matter, by originating summons.

(3) The summons must be served on every person whose interest may be effected by the order applied for and on the appropriate officer but shall not be served on any other person.