The Insolvency Rules (Northern Ireland) 1991

Dismissal or withdrawal of petition

4.015.—(1) If at least 5 days before the hearing the petitioner, on an ex parte application, satisfies the court that—

(a)the petition has not been advertised, and

(b)no notices (whether in support or in opposition) have been received by him with reference to the petition, and

(c)the company consents to an order being made under this Rule,

the court may order that the petitioner has leave to withdraw the petition on such terms as to costs as the parties may agree.[FORM 4.08]

(2) If the petition is dismissed or withdrawn, the court shall send notice thereof to the Enforcement of Judgments Office.

(3) Where an administration order is made whilst a winding-up petition is pending, the court shall send notice of the dismissal of the petition pursuant to Article 24(1) to the Enforcement of Judgments Office.

[E.R.4.15]