Clause 383

Where an ancillary winding-up order has been made the Court may on the application of the ancillary liquidator summon before it any officer of the company or person known or suspected to have in his possession any of the property of the company or supposed to be indebted to the company or any person whom the Court deems capable of giving information concerning the promotion, formation, trade, dealings, affairs or property of the company.

The Court may examine him on oath concerning the matters aforesaid, either by word of mouth or on written interrogatories, and may reduce his answers to writing and require him to sign them.

The Court may require him to produce any books and papers in his custody or power relating to the company but, where he claims any lien on books or papers produced by him, the production shall be without prejudice to that lien.

If any person so summoned, after being tendered a reasonable sum for his expenses, refuses to come before the Court at the time appointed, not having a lawful impediment (made known to the Court at the time of its sitting, and allowed by it), the Court may cause him to be apprehended and brought before the Court for examination.

The record of the examination of any person so summoned or a copy thereof certified by the Registrar of the Court may be transmitted to the court which made the winding-up order.