1923_COMPANIES_ORDINANCE__1911 — Page 98

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Power to

summon persons

suspected of having prop-

No. 58 of 1911.

COMPANIES.

Extraordinary powers of the court.

169.--(1) The court may, after it has made a winding- up order, summon before it any officer of the company or person known or suspected to have in his possession any property of the company or supposed to be indebted to the company, or any person whom the court deems capable of 6.6174. giving information concerning the trade, dealings, affairs,

or property of the company.

erty of

company. 8 Edw. 7, c. 69, s.

Power to order public examination

directors, etc. 8 Edw. 7,

c. 69, s. 175.,

[ef, s. 196(2).]

(2) The court may examine him on oath concerning the same, either by word of mouth or on written interrogatories, and may reduce his answers to writing and require him to sign them.

(3) The court may require him to produce any books and papers in his custody or power relating to the company; but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding- up to determine all questions relating to that lien.

(4) If any person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the court at the time appointed, not having a lawful impediment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be apprehended, and brought before the court for examination.

170.--(1) When an order has been made for winding up a company by the court, and the Official Receiver has made a of promoters, further report under this Ordinance stating that in bis opinion a fraud has been committed by any person in the promotion or formation of the company, or by any director or other officer of the company in relation to the company since its formation, the court may, after consideration of the report, direct that any person who has taken any part in the promotion or formation of the company, or has been a director, or officer of the company, shall attend before the court on a day appointed by the court for that purpose, and be publicly examined as to the promotion or formation or the conduct of the business of the company or as to his con- duct and dealings as director or officer thereof.

(2) The Official Receiver shall take part in the examina- tion, and for that purpose may, if specially authorised by the court in that behalf, employ a solicitor with or without counsel.