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Section 244 – The Companies Act,1956

The Companies Act, 1956

244. Proceedings for recovery of damages or property.

(1) If from any such report as aforesaid, it appears to the Central Government that proceedings ought, in the public interest, to be brought by the company or any body corporate whose affairs have been investigated in pursuance of clauses (a), (b) or (c) of section 239,

(a)for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation, or the management of the affairs, of such company or body corporate; or

(b)for the recovery of any property of such company, or body corporate, which has been misapplied or wrongfully retained,

the Central Government may itself bring proceedings for that purpose in the name of such company or body corporate.

(2) The Central Government shall indemnify such company or body corporate against any costs or expenses incurred by it in, or in connection with, any proceedings brought by virtue of sub-section (1).

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The Companies Act, 1956

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