Section 299:
Power to summon persons suspected of having property of company, etc.
(1) The
Tribunal may, at any time after the appointment of a provisional liquidator or the passing of a winding up
order, summon before it any officer of the company or person known or suspected to have in his
possession any property or books or papers, of the company, or known or suspected to be indebted to the
company, or any person whom the Tribunal thinks to be capable of giving information concerning the
promotion, formation, trade, dealings, property, books or papers, or affairs of the company.
(2) The Tribunal may examine any officer or person so summoned on oath concerning the matters
aforesaid, either by word of mouth or on written interrogatories or on affidavit and may, in the first case,
reduce his answers to writing and require him to sign them.
(3) The Tribunal may require any officer or person so summoned to produce any books and papers
relating to the company in his custody or power, but, where he claims any lien on books or papers
produced by him, the production shall be without prejudice to such lien, and the Tribunal shall have
power to determine all questions relating to that lien.
(4) The Tribunal may direct the liquidator to file before it a report in respect of debt or property of the
company in possession of other persons.
(5) If the Tribunal finds that--
(a) a person is indebted to the company, the Tribunal may order him to pay to the provisional
liquidator or, as the case may be, the liquidator at such time and in such manner as the Tribunal may
consider just, the amount in which he is indebted, or any part thereof, either in full discharge of the
whole amount or not, as the Tribunal thinks fit, with or without costs of the examination;
(b) a person is in possession of any property belonging to the company, the Tribunal may order
him to deliver to the provisional liquidator or, as the case may be, the liquidator, that property or any
part thereof, at such time, in such manner and on such terms as the Tribunal may consider just.
(6) If any officer or person so summoned fails to appear before the Tribunal at the time appointed
without a reasonable cause, the Tribunal may impose an appropriate cost.
(7) Every order made under sub-section (5) shall be executed in the same manner as decrees for the
payment of money or for the delivery of property under the Code of Civil Procedure, 1908 (5 of 1908).
(8) Any person making any payment or delivery in pursuance of an order made under sub-section (5)
shall by such payment or delivery be, unless otherwise directed by such order, discharged from all
liability whatsoever in respect of such debt or property.
Notes: