Liquidator to make returns, etc What is Meetings to ascertain wishes of creditors or contributories? Section 353 and 354 of Indian Companies Act 2013

Liquidator to make returns, etc and Meetings to ascertain wishes of creditors or contributories are defined under Section 353 and 354 of Indian Companies Act 2013. Provisions under these Sections are:

Section 353 of Indian Companies Act 2013 "Liquidator to make returns, etc"

(1) If any Company Liquidator who has made any default in filing, delivering or making any return, account or other document, or in giving any notice which he is by law required to file, deliver, make or give, fails to make good the default within fourteen days after the service on him of a notice requiring him to do so, the Tribunal may, on an application made to it by any contributory or creditor of the company or by the Registrar, make an order directing the Company Liquidator to make good the default within such time as may be specified in the order.

 

(2) Any order under sub-section (1) may provide that all costs of, and incidental to, the application shall be borne by the Company Liquidator.

(3) Nothing in this section shall prejudice the operation of any enactment imposing penalties on a Company Liquidator in respect of any such default as aforesaid.

Section 354 of Indian Companies Act 2013 "Meetings to ascertain wishes of creditors or contributories"

(1) In all matters relating to the winding up of a company, the Tribunal may -

(a) have regard to the wishes of creditors or contributories of the company, as proved to it by any sufficient evidence;

(b) if it thinks fit for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held and conducted in such manner as the Tribunal may direct; and

(c) appoint a person to act as chairman of any such meeting and to report the result thereof to the Tribunal.

(2) While ascertaining the wishes of creditors under sub-section (1), regard shall be had to the value of each debt of the creditor.

(3) While ascertaining the wishes of contributories under sub-section (1), regard shall be had to the number of votes which may be cast by each contributory.

What is Liability under sections 339 and 340 to extend to partners or directors in firms or companies? What is Prosecution of delinquent officers and members of company? Section 341 and 342 of Indian Companies Act 2013

Company Liquidator to exercise certain powers subject to sanction. What is Statement that company is in liquidation? Section 343 and 344 of Indian Companies Act 2013

What is the meaning of Books and papers of company to be evidence? What is inspection of books and papers by creditors and contributories? Section 345 and 346 of Indian Companies Act 2013

What is Disposal of books and papers of company? What is Information as to pending liquidations? Section 347 and 348 of Indian Companies Act 2013

What is the meaning of Official Liquidator to make payments into public account of India? What is Company Liquidator to deposit monies into scheduled bank? Section 349 and 350 of Indian Companies Act 2013

What is Liquidator not to deposit monies into private banking account? What is Company Liquidation Dividend and Undistributed Assets Account? Section 351 and 352 of Indian Companies Act 2013

Liquidator to make returns, etc What is Meetings to ascertain wishes of creditors or contributories? Section 353 and 354 of Indian Companies Act 2013

Court, tribunal or person, etc., before whom affidavit may be sworn? What are the Powers of Tribunal to declare dissolution of company void? Section 355 and 356 of Indian Companies Act 2013

What is Commencement of winding up by Tribunal? What is Exclusion of certain time in computing period of limitation? Section 357 and 358 of Indian Companies Act 2013

What is Appointment of Official Liquidator? What are the Powers and functions of Official Liquidator? Section 359 and 360 of Indian Companies Act 2013

  

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