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Section 549 | Company Vakil Legal Library

Companies (Central Government’s) General Rules and Forms, 1956

14A. Section 549

(1) Any creditor or contributory of a company may apply to the liquidator, for inspection, during office hours, of the books and papers of the company in respect of which an order is made for winding up by or subject to the supervision of the court and which are in his custody, and the liquidator may, by order, permit inspection of such books and papers in his possession as he thinks just:

 

Provided that where the winding-up is for the purpose of reconstruction or amalgamation of the company, inspection of the books and papers of the company shall be subject to orders of the court to be made on application for the purpose on notice to the liquidator:

 

Provided further that where a proceeding is pending in the winding-up between a contributory or creditor, or a person claiming to be a contributory or a creditor and the liquidator, inspection of the books and papers of the company shall be subject to the orders of the court in the proceeding as to discovery and inspection.

 

(2) Every application to the liquidator for permission under sub-rule (1) shall specify.-

 

(a) the name and address of the applicant;

 

(b) description and particulars of the books and papers of which inspection is required;

 

(c) the reasons for requiring the inspection of the books and papers referred to in clause (b); and

 

(d) the name of the company in respect of which such inspection is required and, if possible the date of its winding-up order.

 

(3) Every such application shall be in writing and signed by the applicant in such form, if any, as may be specified by the Central Government specifying the capacity in which such application is made and giving the particulars of the shareholding or debt, and shall be supported by such evidence as may be required by the liquidator concerned.

 

(4) Where the liquidator refuses to grant inspection of the books and papers or any portion thereof, the applicant may apply to the court and shall give notice of the application to the liquidator; and the court may pass such orders on the application as it thinks fit, and the inspection, if granted, shall be in accordance with such orders.]

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