TMI BlogPower to order public examination of promoters, directors, etc.X X X X Extracts X X X X X X X X Extracts X X X X ..... his opinion a fraud has been committed by any person in the promotion or formation of the company, or by any officer of the company in relation to the company since its formation, the 1[Tribunal] may, after considering the report, direct that that person or officer shall attend before the 1[Tribunal] on a day appointed by it for that purpose, and be publicly examined as to the promotion or format ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l] may put, or allow to be put, to him. (6) A person ordered to be examined under this section ___ (a) shall, before his examination, be furnished at his own cost with a copy of the Official Liquidator's report; and (b) may at his own cost employ, an* 2[chartered accountants or company secretaries or cost accountants or legal practitioners entitled to appear before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iting, and shall be read over to or by, and signed by, the person examined; and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor or contributory at all reasonable times. (9) The 1[Tribunal] may, if it thinks fit, adjourn the examination from time to time. [3] [(10) An examination under this section may, if the Tribunal so directs, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (10) read as under for the following: "(10) An examination under this section may, if the Court so directs and subject to any rules made in this behalf, be held before any District Judge, or before any officer of the High Court, being an Official Referee, Master, Registrar or Deputy Registrar." [4] Substituted for "Court" by the Companies (Second Amendment) Act, 2002, w.e.f. a date y ..... X X X X Extracts X X X X X X X X Extracts X X X X
|