429Power to seek assistance of Chief Metropolitan Magistrate, etc
1[(1) The Tribunal may, in any proceedings for winding up of a company under this Act or in any proceedings under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), in order to take into custody or under its control all property, books of account or other documents, request, in writing, the Chief Metropolitan Magistrate, Chief Judicial Magistrate or the District Collector within whose jurisdiction any such property, books of account or other documents of such company under this Act or of corporate persons under the said Code, are situated or found, to take possession thereof, and the Chief Metropolitan Magistrate, Chief Judicial Magistrate or the District Collector, as the case may be, shall, on such request being made to him,--
(a) take possession of such property, books of account or other documents; and
(b) cause the same to be entrusted to the Tribunal or other persons authorised by it.]
(2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate, Chief Judicial Magistrate or the District Collector may take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be necessary.
(3) No act of the Chief Metropolitan Magistrate, Chief Judicial Magistrate or the District Collector done in pursuance of this section shall be called in question in any court or before any authority on any ground whatsoever.
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1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for section 429 (w.e.f. 15-11-2016).
- 407 Definition
- 408 Constitution of National Company Law Tribunal
- 409 Qualification of President and Members of Tribuna
- 410 Constitution of Appellate Tribunal
- 411 Qualifications of Chairperson and members of Appellate Tribunal
- 412 Selection of Members of Tribunal and Appellate Tribunal
- 413 Term of office of President, Chairperson and other Member
- 414 Salary, allowances and other terms and conditions of service of Members
- 415 Acting President and Chairperson of Tribunal or Appellate Tribunal
- 416 Resignation of Members
- 417 Removal of Members
- 417A Qualifications, terms and conditions of service of Chairperson and Member
- 418 Staff of Tribunal and Appellate Tribuna
- 419 Benches of Tribunal
- 420 Orders of Tribunal
- 421 Appeal from orders of Tribuna
- 422 Expeditious disposal by Tribunal and Appellate Tribuna
- 423 Appeal to Supreme Court
- 424 Procedure before Tribunal and Appellate Tribunal
- 425 Power to punish for contempt
- 426 Delegation of power
- 427 President, Members, officers, etc., to be public servant
- 428 Protection of action taken in good faith
- 429 Power to seek assistance of Chief Metropolitan Magistrate, etc
- 430 Civil court not to have jurisdiction
- 431 Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
- 432 Right to legal representation
- 433 Limitation
- 434 Transfer of certain pending proceeding