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TMI Blog2017 (3) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... be entitled for the complaint filed against the person. The position therefore would be that the decision whether or not to publicly examine a person is a decision to be taken by the court with the assistance of only the Official Liquidator or the person who has moved the application. Needless to state that the Official Liquidator or the applicant person would have to prima facie satisfy the court with reference to objective facts that case is made out to publicly examine the person named. The said person cannot participate in said decision making process. Only if the court summons the person would the person have a right to know the material in respect of which the person is being examined so that the person can respond. Proceedings by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve a stake in the assets of the company being available to pay the creditors. Learned counsel for the Official Liquidator concurs by stating that public examination of persons is at the discretion of the court, to be exercised as per law and that while conducting the public examination the court can take assistance of any person. Section 478 of the Companies Act, 1956 envisages that any person can be examined publicly to disclose the assets of a company in liquidation and such other relevant information as would be helpful in the liquidation of the company. 4. We note the facts which are brought to our notice, making it clear that we are not opining on the correctness or otherwise of the said facts because the facts are very hazy and tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Churn Law Vs. H.K.Ganguly holds that the court has to decide the application filed before it without the involvement of the person whose public examination is prayed for. No doubt, if a person is summoned for being publicly examined he/she would have to be made known the subject matter and the issues on which the person would be examined. The person would also be entitled for the complaint filed against the person. 9. The position therefore would be that the decision whether or not to publicly examine a person is a decision to be taken by the court with the assistance of only the Official Liquidator or the person who has moved the application. Needless to state that the Official Liquidator or the applicant person would have to prima fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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