Provisions applicable to every mode of winding up ‑ Default committed by liquidator under the section ‑ Process as to how payment of dues from delinquent liquidator can be enforced
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Enforcement of liquidator's dues: Registrar can seek court order to compel payment and levy penalties. Moneys payable by a liquidator, including interest and penalties under section 555(9), are to be treated as assets of the company in liquidation. The Registrar should initiate action under section 555(3) read with section 556(1) and seek a court order requiring the liquidator to file the statutory statement and pay all moneys into the Companies Liquidation Account, submitting the prescribed statement in Form No. 159. Prosecution under the penal provision may be pursued but may not secure recovery; the Registrar's levy under section 555(9) is not appealable.
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.
Enforcement of liquidator's dues: Registrar can seek court order to compel payment and levy penalties.
Moneys payable by a liquidator, including interest and penalties under section 555(9), are to be treated as assets of the company in liquidation. The Registrar should initiate action under section 555(3) read with section 556(1) and seek a court order requiring the liquidator to file the statutory statement and pay all moneys into the Companies Liquidation Account, submitting the prescribed statement in Form No. 159. Prosecution under the penal provision may be pursued but may not secure recovery; the Registrar's levy under section 555(9) is not appealable.
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