Chapter VI - Proceedings and Procedures - Petition for Winding up, Provisional Liquidator, Winding up Order, and Statement of Affairs, (From Rule 101 to Rule 110)
Chapter VI - Proceedings and Procedures - Meetings of creditors or partners in a winding up by Tribunal and of creditors in a voluntary winding up (From Rule 168 to Rule 190)
Chapter VI - Proceedings and Procedures - Proxies in relation to meetings in winding-up by Tribunal and to meetings of creditors in a voluntary winding-up (From Rule 191 to Rule 200)
Chapter VI - Proceedings and Procedures - Monies due from partners in a winding up by the Tribunal including outstanding contribution, etc. (From Rule 206 to Rule 209)
Chapter VI - Proceedings and Procedures - Examination of person suspected of having property of LLP etc. and examination of partners, designated partners, officers etc., in connection with the fruad etc. (From Rule 210 to Rule 224)
Chapter VI - Proceedings and Procedures - Application against delinquent partners, designated partners and officers of the LLP (From Rule 225 to Rule 234)
Chapter VI - Proceedings and Procedures - Payment of unclaimed distributable sums and undistributed assets into the LLPs liquidation account in a winding up (From Rule 296 to Rule 298)
Removal of liquidator: Tribunal may remove for misconduct, fraud, incompetence or conflict of interest, with recovery powers. The Tribunal may remove a provisional or appointed liquidator for misconduct, fraud or misfeasance, professional incompetence or failure to exercise due care and diligence, inability to act, or conflict of interest, recording reasons in writing and after giving the liquidator a reasonable opportunity to be heard. On vacancy by death, resignation, removal or otherwise the Tribunal may transfer the liquidator's work to another liquidator. If a liquidator causes loss or damage to the LLP through fraud, misfeasance or lack of due care, the Tribunal may recover such loss or damage from the liquidator and pass other appropriate orders.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Removal of liquidator: Tribunal may remove for misconduct, fraud, incompetence or conflict of interest, with recovery powers.
The Tribunal may remove a provisional or appointed liquidator for misconduct, fraud or misfeasance, professional incompetence or failure to exercise due care and diligence, inability to act, or conflict of interest, recording reasons in writing and after giving the liquidator a reasonable opportunity to be heard. On vacancy by death, resignation, removal or otherwise the Tribunal may transfer the liquidator's work to another liquidator. If a liquidator causes loss or damage to the LLP through fraud, misfeasance or lack of due care, the Tribunal may recover such loss or damage from the liquidator and pass other appropriate orders.
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