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Section 338 – THE COMPANIES (COURT) RULES, 1959

338. Cost and expenses payable out of the assets in a winding-up by the Court

(1) The assets of a company in a winding-up by the Court remaining after payment of the fees and expenses properly incurred in preserving, realizing or getting in the assets including, where the company has previously commenced to be wound-up voluntarily, such remuneration, costs and expenses as the Court may allow to the liquidator in such voluntary winding-up, shall, subject to any order of the Court and to the rights of secured creditors, if any, be liable to the following payments which shall be made in the following order of priority, namely –


First – the taxed costs of the petition, including the taxed costs of any person appearing on the petition whose costs are allowed by the Court;


Next – the costs and expenses of any person who makes, or concurs in making, the company’s statement of affairs;


Next – the necessary disbursements of the Official Liquidator other than expenses properly incurred in preserving, realizing or getting in the properties of the company;


Next – the costs of any person properly employed by the Official Liquidator;


Next – the fees to be credited to Government under section 451(2);


Next – the actual out of pocket expenses necessarily incurred by the members of the Committee of Inspection, and sanctioned by the Court.


(2) Save as otherwise ordered by the Court, no payments in respect of bills of advocates, shall be allowed out of the assets of the company without proof that the same have been considered and allowed by the taxing officer of the Court. The Taxation Officer shall before passing the bills or charges of an advocate, satisfy himself that the appointment of an advocate to assist the liquidator in the performance of his duties has been duly sanctioned.


(3) Nothing contained in this rule shall apply to or affect costs which, in the course of legal proceedings by or against the company which is being wound-up by the Court, are ordered by the Court in which such proceedings are pending, to be paid by the company or the liquidator, or the rights of the person to whom such costs are payable.

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