Companies Act, 2013
256.
Appointment
of interim administrator.
1. On the receipt of an
application under section 254, the Tribunal shall, not later than seven days
from such receipt,—
a.
fix
a date for hearing not later than ninety days from date of its receipt;
b.
appoint
an interim administrator to convene a meeting of creditors of the company in
accordance with the provisions of section 257 to be held not later than
forty-five days from receipt of the order of the Tribunal appointing him to
consider whether on the basis of the particulars and documents furnished with
the application made under section 254, the draft scheme, if any, filed along
with such application or otherwise and any other material available, it is
possible to revive and rehabilitate the sick company and such other matters,
which the interim administrator may consider necessary for the purpose and to
submit his report to the Tribunal within sixty days from the date of the order:
Provided
that where no draft scheme is filed by the company and a declaration has been
made to that effect by the Board of Directors, the Tribunal may direct the
interim administrator to take over the management of the company; and
a.
b.
c.
issue
such other directions to the interim administrator as the Tribunal may consider
necessary to protect and preserve the assets of the sick company and for its
proper management.
2. Where an interim
administrator has been directed to take over the management of the company, the
directors and the management of the company shall extend all possible assistance
and cooperation to the interim administrator to manage the affairs of the
company.