Tribunal power to order repayment and disqualification for directors involved in misapplication of company funds. Tribunal may order persons involved in promotion, formation or management of a sick company - including directors, managers, officers or employees - to repay, restore or contribute money or property to the company's assets as compensation for misapplication, retention, misfeasance, malfeasance, non-feasance or breach of trust, with or without interest, and such orders do not preclude other legal actions. The Tribunal may also direct withholding of financial assistance to, and disqualification from directorship of, persons who diverted company funds or managed affairs detrimentally, provided they are given a reasonable opportunity to be heard.
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.
Tribunal power to order repayment and disqualification for directors involved in misapplication of company funds.
Tribunal may order persons involved in promotion, formation or management of a sick company - including directors, managers, officers or employees - to repay, restore or contribute money or property to the company's assets as compensation for misapplication, retention, misfeasance, malfeasance, non-feasance or breach of trust, with or without interest, and such orders do not preclude other legal actions. The Tribunal may also direct withholding of financial assistance to, and disqualification from directorship of, persons who diverted company funds or managed affairs detrimentally, provided they are given a reasonable opportunity to be heard.
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