CAP. 32]
Companies
[1984 Ed.
Power to stay or restrain
proceedings
against company.
1948 c. 38, s. 225.
Avoidance of dispositions of property, &c. after
commencement
of winding up. 1929 c. 23. s. 173.
Avoidance of attachments, &c. 1929 c. 23, s. 174.
Commencement
of winding up by
the court.
1929 c. 23, s. 175.
Copy of order to
be delivered to
Registrar.
[cf. 1948 c. 38. s. 230.]
(2) [Deleted, 6 of 1984, s. 132]
180A.
181. At any time after the presentation of a winding-up petition and before a winding-up order has been made, the company or any creditor or contributory may-
(a) where any action or proceeding against the company is
pending in the High Court or the Court of Appeal, apply to the court in which the action or proceeding is pending for a stay of proceedings therein;
(b) where any action or proceeding against the company is pending in any court or tribunal other than the High Court or the Court of Appeal, apply to the High Court to restrain further proceedings in the action or proceeding,
and the court to which application is so made may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.
(Replaced, 6 of 1984, s. 133)
182. In a winding up by the court, any disposition of the property of the company, including things in action, and any transfer of shares, or alteration in the status of the members of the company, made after the commencement of the winding up, shall, unless the court otherwise orders, be void.
183. Where any company is being wound up by the court, any attachment, sequestration, distress, or execution put in force against the estate or effects of the company after the commencement of the winding up shall be void to all intents.
Commencement of Winding Up
184. (1) Where before the presentation of a petition for the winding up of a company by the court a resolution has been passed by the company for voluntary winding up, the winding up of the company shall be deemed to have commenced at the time of the passing of the resolution, and unless the court, on proof of fraud or mistake, thinks fit otherwise to direct, all proceedings taken in the voluntary winding up shall be deemed to have been validly taken.
(2) In any other case, the winding up of a company by the court shall be deemed to commence at the time of the presentation of the petition for the winding up.
Consequences of Winding-up Order
185. On the making of a winding-up order, a copy of the order shall forthwith be delivered by the company, or otherwise as may be prescribed, to the Registrar for registration.
(Replaced, 6 of 1984, s. 133)
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