Section 299 of Companies Act, 2013
Section 299 of Companies Act, 2013 deals with Power to summon persons suspected of having property of company, etc..
From the Act
(1) The Tribunal may, at any time after the appointment of a provisional liquidator or the passing of a winding up order, summon before it any officer of the company or person known or suspected to have in his possession any property or books or papers, of the company, or known or suspected to be indebted to the company, or any person whom the Tribunal thinks to be capable of giving information concerning the promotion, formation, trade, dealings, property, books or papers, or affairs of the company.
(2) The Tribunal may examine any officer or person so summoned on oath concerning the matters aforesaid, either by word of mouth or on written interrogatories or on affidavit and may, in the first case, reduce his answers to writing and require him to sign them.
(3) The Tribunal may require any officer or person so summoned to produce any books and papers relating to the company in his custody or power, but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to such lien, and the Tribunal shall have power to determine all questions relating to that lien.
(4) The Tribunal may direct the liquidator to file before it a report in respect of debt or property of the company in possession of other persons.
(5) If the Tribunal finds that—
(a) a person is indebted to the company, the Tribunal may order him to pay to the provisional liquidator or, as the case may be, the liquidator at such time and in such manner as the Tribunal may consider just, the amount in which he is indebted, or any part thereof, either in full discharge of the whole amount or not, as the Tribunal thinks fit, with or without costs of the examination;
(b) a person is in possession of any property belonging to the company, the Tribunal may order him to deliver to the provisional liquidator or, as the case may be, the liquidator, that property or any part thereof, at such time, in such manner and on such terms as the Tribunal may consider just.
(6) If any officer or person so summoned fails to appear before the Tribunal at the time appointed without a reasonable cause, the Tribunal may impose an appropriate cost.
(7) Every order made under sub-section (5) shall be executed in the same manner as decrees for the payment of money or for the delivery of property under the Code of Civil Procedure, 1908.
(8) Any person making any payment or delivery in pursuance of an order made under sub-section (5) shall by such payment or delivery be, unless otherwise directed by such order, discharged from all liability whatsoever in respect of such debt or property.
Recent Cases / Related Cases / Case Laws
Related Sections from the Act
- Section 296: Power of Tribunal to make calls
- Section 297: Adjustment of rights of contributories
- Section 298: Power to order costs
Chapters and Sections from the Indian Companies Act, 2013
- Chapter I to VI: Section 1 to Section 87
- Chapter VII: Section 88 to Section 122
- Chapter VIII to X: Section 123 to Section 148
- Chapter XI to XIII: Section 149 to Section 205
- Chapter XIV to XVI: Section 206 to Section 246
- Chapter XVII to XIX: Section 247 to Section 269
- Chapter XX: Section 270 to Section 365
- Chapter XXI to XXVI: Section 366 to Section 406
- Chapter XXVII to XXVIII: Section 407 to Section 446
- Chapter XXIX: Section 447 to Section 470
Other Related Acts
- Companies Act, 1956
- Indian Contract Act, 1872
- Indian Partnership Act, 1932
- Companies (Amendment) Bill, 2014
- Companies (Meetings and Powers of Board) Rules, 2014
- Companies (Declaration and Payment of Dividend) Rules, 2014
- Companies (Audit and Auditors) Rules, 2014
- Companies (Accounts) Rules, 2014
- March 8, 2016: Amendment in FCRA
- February 29, 2016: Companies Act 2013 to be amended to facilitate Ease of Doing Business
- April 29, 2015: Note on Companies (Amendment) Bill, 2014
- March 10, 2015: Notification of Section 135 of the Companies Act
- July 22, 2014: Changes in Companies Act
- July 18, 2014: Amendment in Companies Act, 1956
- June 12, 2014: Amendment to Rule 6 of the Companies Act
- December 12, 2013: Most Recommendations of The Damodaran Committee Taken Into Account In The Companies Act, 2013
- December 12, 2013: Measures to Prevent and Deal with Occurrence of Frauds
- December 7, 2013: Implementation of the New Company LawCompany Law
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