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133. A winding up of a company by the court shall be Commence- deemed to commence at the time of the presentation of the ment of petition for the winding up.
is
winding up by court. 8 Edw. 7 c.
69 s. 139.
strain pro-
against
134. At any time after the presentation of a petition Power to for winding up, and before a winding-up order has been stay or re- made, the company, or any creditor or contributory, may, where any action or proceeding against the company ceedings pending, apply to the court for a stay of the proceedings or company. to restrain further proceedings in the action or proceeding, b. §. 140. and the court may, as the case may be, stay or restrain the proceedings accordingly on such terms as it thinks fit.
135.-(1) On hearing the petition the court may dis- Powers of miss it with or without costs, or adjourn the hearing court on conditionally or unconditionally, or make any interim order, hearing
petition. or any other order that it deems just, but the court shall 7, s. 141. not refuse to make a winding-up order on the ground only that the assets of the company have been mortgaged to an amount equal to or in excess of those assets, or that the company has no assets.
(2) Where the petition is presented on the ground of default in filing the statutory report or in holding the statutory meeting, the court may order the costs to be paid by any persons who, in the opinion of the court, are responsible for the default.
136. When a winding-up order has been made, no Actions action or proceeding shall be proceeded with or commenced stayed on against the company except by leave of the court, and sub- Winding-up jeet to such terms as the court may impose.
order. Ib. s. 142.
137. On the making of a winding-up order, a copy of Copy of the order must forthwith he forwarded by the company to order to be the registrar of companies, who shall make a minute thereof in his books relating to the company.
forwarded to registrar. Ib. s. 143.
fb. s. 144.
138. The court may at any time after an order for Power of winding up, on the application of any creditor or contribu- court to stay tory, and on proof to the satisfaction of the court that all Winding up. proceedings in relation to the winding up ought to be stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and con- ditions as the court thinks fit.
139. The court may, as to all matters relating to a winding up, have regard to the wishes of the creditors or contributories as proved to it by any sufficient evidence.
Official Receiver.
Court may
have regard to wishes of creditors or contribu- tories.
b. s. 145.
140.-(1) For the purposes of this Ordinance so far as Definition it relates to the winding up of companies by the court the of official term “official receiver" shall mean the official receiver, if receiver,
Ib. s. 146. any, attached to the court for bankruptcy purposes, or, if there is more than one such official receiver, then such one of them as the Governor may appoint, or, if there is no such official receiver, then an officer appointed for the purpose by the Governor,
(2) Any such officer shall for the purpose of his duties under this Ordinance be styled the official receiver.
141.-(1) Where the court has made a winding-up Statement of order, there shall be made out and submitted to the official company's receiver a statement as to the affairs of the company in the affairs to he submitted to prescribed form, verified by affidavit, and showing the official particulars of its assets, debts, and liabilities, the names, receiver. residences, and occupations of its creditors, the securities Ib. s. 147. held by them respectively, the dates when the securities were respectively given, and such further or other informa- tion as may be prescribed or as the official receiver may require.
(2) The statement shall be submitted and verified by one or more of the persons who are at the time of the winding-up order the directors and by the person who is at that time the secretary or other chief officer of the com-
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