Companies Act, 2013
258.
Order
of Tribunal.
On
the date of hearing fixed by the Tribunal and on consideration of the report of
the interim administrator filed under sub-section (1 ) of section 256, if
the Tribunal is satisfied that the creditors representing three-fourths in
value of the amount outstanding against the sick company present and voting
have resolved that—
a. it is not possible to
revive and rehabilitate such company, the Tribunal shall record such opinion
and order that the proceedings for the winding up of the company be initiated;
or
b. by adopting certain
measures the sick company may be revived and rehabilitated, the Tribunal shall
appoint a company administrator for the company and cause such administrator to
prepare a scheme of revival and rehabilitation of the sick company:
Provided
that the Tribunal may, if it thinks fit, appoint an interim administrator as
the company administrator.