Companies Act, 2013
276.
Removal
and replacement of liquidator.
1. The Tribunal may, on
a reasonable cause being shown and for reasons to be recorded in writing,
remove the provisional liquidator or the Company Liquidator, as the case may
be, as liquidator of the company on any of the following grounds, namely:—
a.
misconduct;
b.
fraud
or misfeasance;
c.
professional
incompetence or failure to exercise due care and diligence in performance of
the powers and functions;
d.
inability
to act as provisional liquidator or as the case may be, Company Liquidator;
e.
conflict
of interest or lack of independence during the term of his appointment that
would justify removal.
1.
2. In the event of
death, resignation or removal of the provisional liquidator or as the case may
be, Company Liquidator, the Tribunal may transfer the work assigned to him or
it to another Company Liquidator for reasons to be recorded in writing.
3. Where the Tribunal is
of the opinion that any liquidator is responsible for causing any loss or
damage to the company due to fraud or misfeasance or failure to exercise due
care and diligence in the performance of his or its powers and functions, the
Tribunal may recover or cause to be recovered such loss or damage from the
liquidator and pass such other orders as it may think fit.
4. The Tribunal shall,
before passing any order under this section, provide a reasonable opportunity
of being heard to the provisional liquidator or, as the case may be, Company
Liquidator.