Rules and Regulations of India

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Section 247 – THE COMPANIES (COURT) RULES, 1959

247. Conduct of the examination

(1) The Official Liquidator shall have the conduct of an examination under section 477, provided that the Court may, if for any reasons it thinks tit to do so, entrust the conduct of the examination to any contributory or creditor. Where the conduct of the examination is entrusted to any person other than the Official Liquidator, the Official Liquidator shall nevertheless be entitled to be present at the examination in person or by advocate, and may take notes of the examination for his own use and put such questions to the person examined as the Court may allow.

 

(2) Save as aforesaid, no person shall be entitled to take part in an examination under section 477 except the Official Liquidator and his advocate, but any person examined shall be entitled to have the assistance of his advocate who may re-examine the witness:

 

Provided that the Court may permit, if it thinks fit, any creditor or contributory to attend the examination subject to such conditions as it may impose.

 

(3) Notes of the examination may be permitted to be taken by the witness or any person on his behalf on his giving an undertaking to the Court that such notes shall be used only for the purpose of the re-examination of the witness. On the conclusion of the examination, the notes shall, unless otherwise directed, he handed over to the Court for destruction.

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