Companies Act, 2013
361.
Summary
procedure for liquidation.
1. Where the company to
be wound up under this Chapter, —
i.
has
assets of book value not exceeding one crore rupees; and
ii.
belongs
to such class or classes of companies as may be prescribed, the Central
Government may order it to be wound up by summary procedure provided under this
Part.
1.
2. Where an order under
sub-section (1 ) is made, the Central Government shall appoint the
Official Liquidator as the liquidator of the company.
3. The Official
Liquidator shall forthwith take into his custody or control all assets, effects
and actionable claims to which the company is or appears to be entitled.
4. The Official
Liquidator shall, within thirty days of his appointment, submit a report to the
Central Government in such manner and form, as may be prescribed, including a
report whether in his opinion, any fraud has been committed in promotion,
formation or management of the affairs of the company or not.
5. On receipt of the
report under sub-section (4 ), if the Central Government is satisfied
that any fraud has been committed by the promoters, directors or any other
officer of the company, it may direct further investigation into the affairs of
the company and that a report shall be submitted within such time as may be
specified.
6. After considering the
investigation report under sub-section (5 ), the Central Government may
order that winding up may be proceeded under Part I of this Chapter or under
the provision of this Part.