276Removal and replacement of liquidato
(1) The Tribunal may, on a reasonable cause being shown and for reasons to be recorded in writing, remove the provisional liquidator or the Company Liquidator, as the case may be, as liquidator of the company on any of the following grounds, namely:--
(a) misconduct;
(b) fraud or misfeasance;
(c) professional incompetence or failure to exercise due care and diligence in performance of the powers and functions;
(d) inability to act as provisional liquidator or as the case may be, Company Liquidator;
(e) conflict of interest or lack of independence during the term of his appointment that would justify removal.
(2) In the event of death, resignation or removal of the provisional liquidator or as the case may be, Company Liquidator, the Tribunal may transfer the work assigned to him or it to another Company Liquidator for reasons to be recorded in writing.
(3) Where the Tribunal is of the opinion that any liquidator is responsible for causing any loss or damage to the company due to fraud or misfeasance or failure to exercise due care and diligence in the performance of his or its powers and functions, the Tribunal may recover or cause to be recovered such loss or damage from the liquidator and pass such other orders as it may think fit.
(4) The Tribunal shall, before passing any order under this section, provide a reasonable opportunity of being heard to the provisional liquidator or, as the case may be, Company Liquidator.
Download our fully-offline, High speed android app.- Click here
- 271 Circumstances in which company may be wound up by Tribunal
- 272 Petition for winding up
- 273 Powers of Tribunal
- 274 Directions for filing statement of affair
- 275 Company Liquidators and their appointment
- 276 Removal and replacement of liquidato
- 277 Intimation to Company Liquidator, provisional liquidator and Registra
- 278 Effect of winding up order
- 279 Stay of suits, etc., on winding up order
- 280 Jurisdiction of Tribunal
- 281 Submission of report by Company Liquidato
- 282 Directions of Tribunal on report of Company Liquidator
- 283 Custody of company‘s propertie
- 284 Promoters, directors, etc., to cooperate with Company Liquidator
- 285 Settlement of list of contributories and application of assets
- 286 Obligations of directors and managers
- 287 Advisory Committee
- 288 Submission of periodical reports to Tribunal
- 289 Power of Tribunal on application for stay of winding up
- 290 Powers and duties of Company Liquidator
- 291 Provision for professional assistance to Company Liquidato
- 292 Exercise and control of Company Liquidator‘s powers
- 293 Books to be kept by Company Liquidato
- 294 Audit of Company Liquidator‘s accounts
- 295 Payment of debts by contributory and extent of set-off
- 296 Power of Tribunal to make calls
- 297 Adjustment of rights of contributories
- 298 Power to order costs
- 299 Power to summon persons suspected of having property of company, etc
- 300 Power to order examination of promoters, directors, etc
- 301 Arrest of person trying to leave India or abscond
- 302 Dissolution of company by Tribunal
- 303 Appeals from orders made before commencement of Act