Sri Lanka Consolidated Acts

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Companies Act (No. 17 of 1982) - Sect 299

Power to summon persons suspected of having property of company

299.
(1) The court may, at any time after the appointment of a provisional liquidator or the making 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 of the company or alleged to be indebted to the company, or any person whom the court deems capable of giving information concerning the promotion, formulation, trade, dealings, affairs, or property of the company.
(2) The court may examine on oath any officer or person summoned under the provisions of subsection (1) on any matter referred to in that subsection, either orally or on written interrogatories, and may, where such examination is conducted orally, reduce the answers to writing and require such officer or person to sign it.
(3) The court may require any officer or person summoned under the provisions, of subsection (1) to produce any books and papers in his custody or power relating to the company, but, where such officer or person claims any lien on such books or papers produced by him, the production shall be without prejudice to that lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.
(4) Any officer or person summoned under the provisions of subsection (1) who refuses or fails without reasonable cause to appear before court or to produce any books or papers required to be produced by him, at the time and on the date specified in the summons, shall be liable to be arrested and produced before court for examination.


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