139.
Summons for directions to be taken out by Official Liquidator.-
(1) As soon as practicable after the winding-up order is made
and in any event not later than 7 days after the filing of
his preliminary report under sub-section (1) of section 455,
the Official Liquidator shall take out a summons for directions
with regard to the settlement of the list of contributories
and the list of creditors and the exercise by the Official
Liquidator of all or any of the powers under section 457(1)
and any other matters requiring directions of the Court. Notice
of the summons shall be given to the petitioner on whose petition
the order for winding-up was made. Upon the hearing of the
summons, that Court, after hearing the Official Liquidator
and any other person appearing, on notice or otherwise, may
give such directions as it shall think fit in regard to the
said matters, including the fixing of dates for the settlement
of the list of contributories and for the filing of proofs
by the creditors of the company in respect of their debts
and their claims for priority, if any, under section 530.
(2) Where the preliminary report of the
Official Liquidator is not filed prior to the hearing of the
summons and any of the matters in the summons cannot be properly
or fully dealt with without a perusal of such report, the
Court may adjourn the hearing of any such matter or matters
on the summons until after the submission of the preliminary
report.
Committee of Inspection |
