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Writer's pictureArtha Institute of Management

COMPANY LAW WINDING UP SECTIONS

WINDING UP (Sections 270-365)

270. Winding up by Tribunal

271.cases in which company may be wound up by Tribunal

272. Petition for winding up

273. Powers of Tribunal

274. Directions for filing statement of affairs

275. Company Liquidators and their appointments

276. Removal and replacement of liquidator

277. Intimation to Company Liquidator, provisional liquidator and Registrar

278. Effect of winding up order

279. Stay of suits, etc., on winding up order

280. Jurisdiction of Tribunal

281. Submission of report by Company Liquidator

282. Directions of Tribunal on report of Company Liquidator

283. Custody of company's properties

284.Promoters, directors, etc., to cooperate with Company Liquidator

285. Settlement of list of contributories and application of assets

286. Obligations of directors and managers

287. Advisory committee

288. Submission of periodical reports to Tribunal

290. Powers and duties of Company Liquidator

291. professional assistance to Company Liquidator

292. control of Company Liquidator's powers

293. Books to be kept by Company Liquidator

294. Audit of Company Liquidator's accounts

295. debts by contributory and extent of set -off

296. Power of Tribunal to make calls

297. Adjustment of rights of contributories

298. Power to order costs

299. Power to summon persons suspected of having property of company, etc.

300. Power to order examination of promoters,

301. Arrest of person trying to leave India or abscond

302. Dissolution of company by Tribunal

303 . Appeals from orders before commencement of Act

324. Debts of all descriptions to be admitted to proof

326. Overriding preferential payments

327. Preferential payments

328. Fraudulent preference

329. Transfers not in good faith to be void

330. Certain transfers to be void

331.Liabilities and rights of certain persons

332. Effect of floating charge

333. Disclaimer of onerous property

334. Transfers, etc., after commencement of winding up to be void

335. Certain attachments, executions, etc., in winding up by Tribunal to be void

336. Offences by officers of companies in liquidation

337. Penalty for frauds by officers

338. Liability where proper accounts not kept

339. Liability for fraudulent conduct of business

340. Power of Tribunal to assess damages against delinquent directors, etc.

341. Liability under sections 339 and 340 to extend to partners or directors in firms or companies

342. Prosecution of delinquent officers

343. Company Liquidator to exercise certain powers

344. Statement that company is in liquidation

345. Books and papers of company to be evidence

346. Inspection of books by creditors and contributories

347. Disposal of books and papers of company

348. Information as to pending liquidations

349. O/L to make payments into public account of India

350. Company Liquidator to deposit monies into scheduled bank

351.Liquidator not to deposit monies into private banking account

352.Company Liquidation Dividend and Undistributed Assets Account

353. Liquidator to make returns, etc.

354.Meetings to ascertain wishes of creditors or contributories

355. Court, tribunal or person, etc., before whom affidavit may be sworn

356. Powers of Tribunal to declare dissolution of company void

357. Commencement of winding up by Tribunal

358. Exclusion of certain time in computing period of limitation

359. Appointment of Official Liquidator

360. Powers and functions of Official Liquidator

361. Summary procedure for liquidation

362. Sale of assets and recovery of debts due to company

363. Settlement of claims of creditors by Official Liquidator

364. Appeal by creditor

365. Order of dissolution of company


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