2176
No. 58 of 1911.
Power of Court to
declare dis-solution of
company void.
8 Edw. 7
c. 69 s. 223.
ib. s. 224.
COMPANIES.
person to whom the custody of the books and papers has been committed, by reason of the same not being forthcoming to any person claiming to be interested therein.
213.(1) Where a company has been dissolved, the Court may at any time within 2 years of the date of the dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the Court to be interested, make an order, upon such terms as the Court thinks fit, declaring the dissolution to have been void, and thereupon such proceedings may be taken as might have been taken if the company had not been dissolved.
(2) It shall be the duty of the person on whose application the order was made, within 7 days after the making of the order, to file with the Registrar of Companies an office copy of the order, and if that person fails so to do he shall be liable to a fine not exceeding 50 dollars for every day during which the default continues.
Information 214.-(1) Where a company is being wound up, if the winding up is not concluded within one year after its commencement the liquidator shall, at such intervals as may be prescribed, until the winding up is concluded, send to Registrar of Companies a statement in the prescribed form and containing the prescribed particulars with respect to the proceedings in and position of the liquidation.
(2) Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement, and to receive a copy thereof or extract therefrom; but any person untruthfully so stating himself to be a creditor or contributory shall be guilty of a contempt of court, and shall be punishable accordingly on the application of the liquidator or of the Official Receiver.
(3) If a liquidator fails to comply with the requirements of this section he shall be liable to a fine not exceeding 500 dollars for each day during which the default continues.
(4) If it appears from any such statement or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for 6 months after the date of their receipt, the liquidator shall forthwith pay the same to the