Companies Act, 1956
Sec 460 - Exercise and control of liquidator's powers.
(1) Subject to the provisions of this Act, the liquidator shall,
in the administration of the assets of the company and the distribution thereof
among its creditors, have regard to any directions which may be given by
resolution of the creditors or contributories at any general meeting or by the
committee of inspection.
(2) Any directions given by the creditors or contributories at
any general meeting shall, in case of conflict, be deemed to override any
directions given by the committee of inspection.
(3) The liquidator -
(a) may summon general meetings of the
creditors or contributories, whenever he thinks fit, for the purpose of
ascertaining their wishes ;
(b) shall summon such meetings at such times,
as the creditors or contributories, as the case may be, may, by resolution,
direct, or whenever requested in writing to do so by not less than one-tenth in
value of the creditors or contributories, as the case may be.
(4) The liquidator may apply to the Court in the manner
prescribed, if any, for directions in relation to any particular matter arising
in the winding up.
(5) Subject to the provisions of this Act, liquidator shall use
his own discretion in the administration of the assets of the company and in
the distribution thereof among the creditors.
(6) Any person aggrieved by any act or decision of the
liquidator may apply to the Court ; and the Court may confirm, reverse or
modify the act or decision complained of, and make such further order as it
thinks just in the circumstances.