Priority of liquidation expenses: Official Liquidator may incur and recoup necessary winding up costs with court leave. Where a company under a winding-up order has no available assets, the Official Liquidator may, with the leave of the Court, incur necessary winding-up expenses from a permanent advance or fund provided by the Central Government, and those expenses are to be recouped from the company's assets in priority to its debts; funds advanced by a petitioning or other creditor or contributory for preliminary expenses may be used and are likewise to be repaid out of the company's assets in priority to debts.
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.
Priority of liquidation expenses: Official Liquidator may incur and recoup necessary winding up costs with court leave.
Where a company under a winding-up order has no available assets, the Official Liquidator may, with the leave of the Court, incur necessary winding-up expenses from a permanent advance or fund provided by the Central Government, and those expenses are to be recouped from the company's assets in priority to its debts; funds advanced by a petitioning or other creditor or contributory for preliminary expenses may be used and are likewise to be repaid out of the company's assets in priority to debts.
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