Section 283 The Companies Act, 2013

Section 283 The Companies Act, 2013

Custody of company’s properties (1) Where a winding up order has been made or where a provisional liquidator has been appointed, the Company Liquidator or the provisional liquidator, as the case may be, shall, on the order of the Tribunal, forthwith take into his or its custody or control all the property, effects and actionable claims to which the company is or […]

Section 282 The Companies Act, 2013

Section 282 The Companies Act, 2013

Directions of Tribunal on Report of Company Liquidator (1) The Tribunal shall, on consideration of the report of the Company Liquidator, fix a time limit within which the entire proceedings shall be completed and the company be dissolved: Provided that the Tribunal may, if it is of the opinion, at any stage of the proceedings, or on examination of the reports submitted

Section 281 The Companies Act, 2013

Section 281 The Companies Act, 2013

Submission of report by Company Liquidator (1) Where the Tribunal has made a winding up order or appointed a Company Liquidator, such liquidator shall, within sixty days from the order, submit to the Tribunal, a report containing the following particulars, namely: — (a) the nature and details of the assets of the company including their location and value, stating separately the

Section 280 The Companies Act, 2013

Section 280 The Companies Act, 2013

Jurisdiction of Tribunal The Tribunal shall, notwithstanding anything contained in any other law for the time being in force, have jurisdiction to entertain, or dispose of,— (a) any suit or proceeding by or against the company; (b) any claim made by or against the company, including claims by or against any of its branches in India; (c)

Section 279 The Companies Act, 2013

Section 279 The Companies Act, 2013

Stay of suits, etc., on winding up order. (1) When a winding up order has been passed or a provisional liquidator has been appointed, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, by or against the company, except with

Section 278 The Companies Act, 2013

Section 278 The Companies Act, 2013

Effect of winding up order The order for the winding up of a company shall operate in favour of all the creditors and all contributories of the company as if it had been made out on the joint petition of creditors and contributories.  

Section 277 The Companies Act, 2013

Section 277 The Companies Act, 2013

Intimation to Company Liquidator, Provisional Liquidator and Registrar (1) Where the Tribunal makes an order for appointment of provisional liquidator or for the winding up of a company, it shall, within a period not exceeding seven days from the date of passing of the order, cause intimation thereof to be sent to the Company Liquidator or provisional liquidator, as

Section 276 The Companies Act, 2013

Section 276 The Companies Act, 2013

Removal and Replacement of Liquidator (1) The Tribunal may, on a reasonable cause being shown and for reasons to be recorded in writing, remove the provisional liquidator or the Company Liquidator, as the case may be, as liquidator of the company on any of the following grounds, namely:— (a) misconduct; (b) fraud or misfeasance; (c) professional incompetence or failure to

Section 275 The Companies Act, 2013

Section 275 The Companies Act, 2013

Company Liquidators and Their Appointments (1) For the purposes of winding up of a company by the Tribunal, the Tribunal at the time of the passing of the order of winding up, shall appoint an Official Liquidator or a liquidator from the panel maintained under sub-section (2) as the Company Liquidator. 1[“(2) The provisional liquidator or the Company Liquidator, as the case may,

Section 274 The Companies Act, 2013

Section 274 The Companies Act, 2013

Directions for Filing Statement of Affairs (1) Where a petition for winding up is filed before the Tribunal by any person other than the company, the Tribunal shall, if satisfied that a prima facie case for winding up of the company is made out, by an order direct the company to file its objections along with a statement of its affairs within thirty