Companies Act, 2013
282.
Directions
of Tribunal on report of Company Liquidator.
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.
1.
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.
1.
2.
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.