Cos 299 — Power to summon persons suspected of having property of company, etc

Companies Act, 2013

Statutory text

(1) The Tribunal may, at any time  after the  appointment of a  provisional liquidator or the  passing of a  winding up order, summon before it any officer of the company or person known or suspected to have in his possession any property or books or papers, of the company, or known or suspected to be indebted to the company, or any person whom the Tribunal thinks to be capable of giving information concerning the promotion, formation, trade, dealings, property, books or papers, or affairs of the company.
(2)  The  Tribunal  may  examine  any  officer  or  person  so  summoned  on  oath  concerning  the  matters aforesaid, either by word of mouth or on written interrogatories or on affidavit and may, in the first case, reduce his answers to writing and require him to sign them.
(3) The  Tribunal  may  require  any  officer  or  person  so  summoned  to  produce  any  books  and  papers relating to the company in his custody or power, but, where he claims any lien on books or papers produced by  him,  the  production  shall  be  without  prejudice  to  such  lien,  and  the  Tribunal  shall  have  power  to determine all questions relating to that lien.

(4) The Tribunal may direct the liquidator to file before it a report in respect of debt or property of the company in possession of other persons.
(5) If the Tribunal finds that—
(a)  a  person  is  indebted  to  the  company,  the  Tribunal  may  order  him  to  pay  to  the  provisional liquidator or, as the case may be, the liquidator at such time and in such manner as the Tribunal may consider just, the  amount in which he is indebted,  or any part thereof, either in full discharge  of the whole amount or not, as the Tribunal thinks fit, with or without costs of the examination;
(b) a person is in possession of any property belonging to the company, the Tribunal may order him to deliver to the provisional liquidator or, as the case may be, the liquidator, that property or any part thereof, at such time, in such manner and on such terms as the Tribunal may consider just.
(6)  If  any  officer  or  person  so  summoned  fails  to  appear  before  the  Tribunal  at  the  time  appointed without a reasonable cause, the Tribunal may impose an appropriate cost.
(7) Every order made under sub-section (5) shall be executed in the same  manner as decrees for the payment of money or for the delivery of property under the Code of Civil Procedure, 1908 (5 of 1908).
(8) Any person making any payment or delivery in pursuance of an order made under sub-section (5) shall by such payment or delivery be, unless otherwise directed by such order, discharged from all liability whatsoever in respect of such debt or property.

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