TMI BlogProsecution of delinquent officers and members of the company.X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence in relation to the company, the 1[Tribunal] may, either on the application of any person interested in the winding up or of its own motion, direct the liquidator either himself to prosecute the offender or to refer the matter to the Registrar. (2) If it appears to the liquidator in the course of a voluntary winding up that any past or present officer, or any member of the company has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, with respect to the company concerned, all such powers of investigating the affairs of the company as are provided by this Act in the case of a winding up by the 1[Tribunal]. (4) If on any report to the Registrar under sub-section (2), it appears to him that the case is not one in which proceedings ought to be taken by him, he shall inform the liquidator accordingly, and thereupon, subj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistrar under this section, he considers that the case is one in which a prosecution ought to be instituted, he shall report the matter to the Central Government; and that Government may, after taking such legal advice as it thinks fit, direct the Registrar to institute proceedings: Provided that no report shall be made by the Registrar under this sub-section without first giving the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect that person to comply with the requirements of that sub-section. (9) Where any such application is made with respect to a liquidator, the 1[Tribunal] may, unless it appears that the failure or neglect was due to the liquidator not having in his hands sufficient assets of the company to enable him so to do, direct that the costs of the application shall be borne by the liquidator personal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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