Private examination transcripts in winding-up may be signed after review, with the right to correct errors before signature.

In a private examination of a company officer in winding-up, the statutory power to have answers reduced to writing was held wide enough to permit shorthand notes to be transcribed and signed as the deposition. A visible written transcript satisfied the requirement that the evidence be "to writing", and the different wording used for public examinations did not change that construction. The examinee, however, was entitled to read the transcript before signing and to make marginal corrections where errors appeared. The operative effect was that signing could be required, but only after the transcript had been available for review and correction.

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Issues: Whether, on a private examination of a director in a winding-up, the evidence could be taken down by a shorthand writer, transcribed, and required to be signed by the examinee, and whether the examinee was entitled to time to study and correct the transcript before signing.

Analysis: Section 268(2) of the Companies Act, 1948 permits the court to examine an officer of the company and to reduce his answers to writing and require him to sign them. Read with Rule 72(1) of the Companies (Winding-up) (Amendment) Rules, 1954, the statutory scheme allowed a shorthand writer to record the examination, with the notes transcribed in ordinary course and signed as the deposition. The words "to writing" were wide enough to include a visible written transcript. The difference in wording from section 270(7) dealing with public examinations did not justify a contrary construction. The person examined was, however, entitled to read the transcript at leisure before signing and to make corrections where errors appeared.

Conclusion: The respondent could properly be required to sign the transcript of his private examination, but only after being given an opportunity to study it and make marginal corrections.

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