Section 343 The Companies Act, 2013

Section 343 The Companies Act, 2013

Company Liquidator to Exercise Certain Powers Subject to Sanction (1) The Company Liquidator may, with the sanction of the Tribunal, when the company is being wound up by the Tribunal,— (i) pay any class of creditors in full; (ii) make any compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have […]

Section 342 The Companies Act, 2013

Section 342 The Companies Act, 2013

Prosecution of Delinquent Officers and members of Company (1) If it appears to the Tribunal in the course of a winding up by the Tribunal, that any person, who is or has been an officer, or any member, of the company has been guilty of any offence in relation to the company, the Tribunal may, either on the application of any person interested

Section 341 The Companies Act, 2013

Section 341 The Companies Act, 2013

Liability Under Sections 339 and 340 to Extend to Partners or Directors in Firms or Companies Where a declaration under section 339 or an order under section 340 is made in respect of a firm or body corporate, the Tribunal shall also have power to make a declaration under section 339, or pass an order under section 340, as the case may be, in

Section 340 The Companies Act, 2013

Section 340 The Companies Act, 2013

Power of Tribunal to Assess Damages Against Delinquent Directors, etc (1) If in the course of winding up of a company, it appears that any person who has taken part in the promotion or formation of the company, or any person, who is or has been a director, manager, Company Liquidator or officer of the company— (a) has misapplied,

Section 339 The Companies Act, 2013

Section 339 The Companies Act, 2013

Liability for Fraudulent Conduct of Business (1) If in the course of the winding up of a company, it appears that any business of the company has been carried on with intent to defraud creditors of the company or any other persons or for any fraudulent purpose, the Tribunal, on the application of the Official Liquidator, or the Company Liquidator or any creditor

Section 338 The Companies Act, 2013

Section 338 The Companies Act, 2013

Liability Where Proper Accounts not Kept (1) Where a company is being wound up, if it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the commencement of the winding up, or the period between the incorporation of the company and the commencement of the winding up, whichever is shorter, every officer of

Section 337 The Companies Act, 2013

Section 337 The Companies Act, 2013

Penalty for Frauds by Officers If any person, being at the time of the commission of the alleged offence an officer of a company which is subsequently ordered to be wound up by the Tribunal 1[“under this Act”],— (a) has, by false pretences or by means of any other fraud, induced any person to give credit to the

Section 336 The Companies Act, 2013

Section 336 The Companies Act, 2013

Offences by Officers of Companies in Liquidation (1) If any person, who is or has been an officer of a company which, at the time of the commission of the alleged offence, is being wound up, 1[“by the Tribunal under this Act or which is subsequently ordered to be wound up by the Tribunal under this Act”],— (a)

Section 335 The Companies Act, 2013

Section 335 The Companies Act, 2013

Certain Attachments, Executions, etc., in Winding Up by Tribunal to be Void (1) Where any company is being wound up by the Tribunal,— (a) any attachment, distress or execution put in force, without leave of the Tribunal against the estate or effects of the company, after the commencement of the winding up; or (b) any sale held, without leave of

Section 334 The Companies Act, 2013

Section 334 The Companies Act, 2013

Transfers, etc., After Commencement of Winding Up to be Void 1[“334. In the case of a winding up by the Tribunal, any disposition of the property including actionable claims, of the company and any transfer of shares in the company or alteration in the status of its members, made after the commencement of the winding up shall, unless the Tribunal otherwise