Cos 282 — Directions of Tribunal on report of Company Liquidator

Companies Act, 2013

Statutory text

(1)  The  Tribunal  shall,  on consideration of the report of the Company Liquidator, fix a time limit within which the entire proceedings shall be completed and the company be dissolved:
Provided that the Tribunal may, if it is of the opinion, at any stage of the proceedings, or on examination of  the  reports  submitted  to  it  by  the  Company  Liquidator  and  after  hearing  the Company  Liquidator, creditors or contributories or any other interested person, that it will not be advantageous or economical to continue the proceedings, revise the time limit within which the entire proceedings shall be completed and the company be dissolved.
(2) The Tribunal may, on examination of the reports submitted to it by the Company Liquidator and after hearing the Company Liquidator, creditors or contributories or any other interested person, order sale of the company as a going concern or its assets or part thereof:
Provided  that  the  Tribunal  may,  where  it  considers  fit,  appoint  a  sale  committee  comprising  such creditors,  promoters  and  officers  of  the  company  as  the  Tribunal  may  decide  to  assist  the  Company Liquidator in sale under this sub-section.

(3) Where a report is received from the Company Liquidator or the Central Government or any person that  a  fraud  has  been  committed  in  respect  of  the  company,  the  Tribunal  shall,  without  prejudice  to  the process of winding up, order for investigation under section 210, and on consideration of the report of such investigation  it  may  pass  order  and  give  directions  under  sections  339  to  342  or  direct  the  Company Liquidator to file a criminal complaint against persons who were involved in the commission of fraud.
(4)  The  Tribunal  may  order  for  taking  such  steps  and  measures,  as  may  be  necessary,  to  protect, preserve or enhance the value of the assets of the company.
(5) The Tribunal may pass such other order or give such other directions as it considers fit.

Back to Cos