298
CAP. 32]
Companies
[1984 Ed.
Certain sections to apply.
Calls on contributories.
Continuation of pending legal proceedings.
Obstruction of Official Receiver.
Control of Official Receiver.
360G. Sections 170 to 175, 190, 211, 221, 263 to 277, 281 to 283 and 285 shall apply mutatis mutandis as if on the day of the dissolution of the company under section 360C an order had been made for the winding up of the company by the court and as if the Official Receiver were the liquidator thereof.
360H. The Official Receiver shall have the same rights and powers to settle a list of the contributories of the company, to make and enforce calls on the contributories on the list so settled, and to compromise calls and liabilities to calls, as if the company were being wound up by the court and he were the liquidator thereof.
360I. Where any legal proceeding instituted by or against a company is pending at the date of its dissolution, such proceeding may be continued by or against the Official Receiver as representing such company.
360J. Every person who-
(a) without lawful excuse refuses to hand over to the Official Receiver or any person authorized by him in that behalf any key, safe, document, account book, or other thing of any nature whatsoever belonging to the company of which he may have the custody or possession; or
(b) without lawful excuse in any way obstructs the Official Receiver or any person authorized by him in that behalf in taking possession of any premises occupied by the company prior to its dissolution,
shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.
360K. (1) Subject to the provisions of this Part, the Official Receiver shall conform to any directions which may be given to him by the Governor for the purposes of this Part.
(2) The Official Receiver shall with the permission of the Governor be entitled to apply by originating summons to the court for directions on any matter arising out of the winding up.
(3) Any such application shall be heard and determined in such manner as the court may direct, and it shall be lawful for the court to hear such parties and persons as it may think fit.
(4) Without prejudice to the generality of subsection (3) the court may if it sees fit direct that the proceedings or any part thereof be heard in camera.
(5) If any person is aggrieved by any act or decision of the Official Receiver, that person may apply by originating summons to the court, and the court may confirm, reverse or modify the act or decision complained of, and make such order in the premises as it thinks just.
Page 190
Page 191
298
CAP. 32]
Companies
[1984 Ed.
Certain sections to apply.
Calls on contributories.
Continuation of pending legal proceedings.
Obstruction of Official Receiver.
Control of Official Receiver.
360G. Sections 170 to 175, 190, 211, 221, 263 to 277, 281 to 283 and 285 shall apply mutatis mutandis as if on the day of the dissolution of the company under section 360C an order had been made for the winding up of the company by the court and as if the Official Receiver were the liquidator thereof.
360H. The Official Receiver shall have the same rights and powers to settle a list of the contributories of the company, to make and enforce calls on the contributories on the list so settled, and to compromise calls and liabilities to calls, as if the company were being wound up by the court and he were the liquidator thereof.
3601. Where any legal proceeding instituted by or against a company is pending at the date of its dissolution, such proceeding may be continued by or against the Official Receiver as representing such company.
360J. Every person who-
(a) without lawful excuse refuses to hand over to the Official Receiver or any person authorized by him in that behalf any key, safe, document, account book, or other thing of any nature whatsoever belonging to the company of which he may have the custody or possession; or
(b) without lawful excuse in any way obstructs the Official Receiver or any person authorized by him in that behalf in taking possession of any premises occupied by the com- pany prior to its dissolution,
shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.
360K. (1) Subject to the provisions of this Part, the Official Receiver shall conform to any directions which may be given to him by the Governor for the purposes of this Part.
(2) The Official Receiver shall with the permission of the Governor be entitled to apply by originating summons to the court for directions on any matter arising out of the winding up.
(3) Any such application shall be heard and determined in such manner as the court may direct, and it shall be lawful for the court to hear such parties and persons as it may think fit.
(4) Without prejudice to the generality of subsection (3) the court may if it sees fit direct that the proceedings or any part thereof be heard in camera.
(5) If any person is aggrieved by any act or decision of the Official Receiver, that person may apply by originating summons to the court, and the court may confirm, reverse or modify the act or decision complained of, and make such order in the premises as it thinks just.
Page 190Page 191
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