Cos 343 — Company Liquidator to exercise certain powers subject to sanction

Companies Act, 2013

Statutory text

[(1)  The  Company Liquidator may, with the sanction of the Tribunal, when the company is being wound up by the Tribunal,—
(i) pay any class of creditors in full;
(ii)  make  any  compromise or  arrangement  with creditors  or  persons  claiming  to be  creditors,  or having or alleging themselves to have any claim, present or future, certain or contingent, against the company, or whereby the company may be rendered liable; or (iii) compromise any call or liability to call, debt, and liability capable of resulting in a debt, and any claim, present or future, certain or contingent, ascertained or sounding only in damages, subsisting or alleged to subsist between the company and a contributory or alleged contributory or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets or liabilities or the winding up of the company, on such terms as may be agreed, and take any security for the discharge of any such call, debt, liability or claim, and give a complete discharge in respect thereof.]
(2) Notwithstanding anything contained in sub-section (1), in the case of a winding up by the Tribunal, the  Central  Government  may  make  rules  to  provide  that  the  Company  Liquidator  may,  under  such circumstances,  if  any,  and  subject  to  such  conditions,  restrictions  and  limitations,  if  any,  as  may  be prescribed,  exercise  any  of  the  powers  referred  to  in  sub-clause  (ii)  or  sub-clause  (iii)  of  clause  (b)  of sub-section (1) without the sanction of the Tribunal.
(3) Any creditor or contributory may apply in the manner prescribed to the Tribunal with respect to any exercise or proposed exercise of powers by the Company Liquidator under this section, and the Tribunal shall after giving a reasonable opportunity to such applicant and the Company Liquidator, pass such orders as it may think fit.

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