Chapter XX — WINDING UP

Section 354Meetings to ascertain wishes of creditors or contributories

Section 354: Meetings to ascertain wishes of creditors or contributories

354. Meetings to ascertain wishes of creditors or contributories

(1)

In all matters relating to the winding up of a company, the Tribunal may—

(a)

have regard to the wishes of creditors or contributories of the company, as proved to it by any sufficient evidence;

(b)

if it thinks fit for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held and conducted in such manner as the Tribunal may direct; and

(c)

appoint a person to act as chairman of any such meeting and to report the result thereof to the Tribunal.

(2)

While ascertaining the wishes of creditors under sub-section (1), regard shall be had to the value of each debt of the creditor.

(3)

While ascertaining the wishes of contributories under sub-section (1), regard shall be had to the number of votes which may be cast by each contributory.