(h ) to sell, by public auction or otherwise, deliver or transfer the movable and immovable property of the company. (3 ) He shall have power, with the leave of the court, to raise money on the security of the assets of the co mpany or to do any other thing which the court may consider necessary for winding up the affairs of the company and distributing its assets. (4 ) He may, with the authority of a resolution of creditors and contributories, duly passed at a joint meeting thereof, do any act or exercise any power for which he is not by this Act expressly required to obtain leave of the court. 222 Exercise of liquidator’s powers (1 ) The liquidator of a company which is being wound up by the court shall, in the administration of the assets of the company, take into account any directions that may be given by resolution of the creditors or resolution of the contributories at any general meeting. (2 ) In regard to any matter which has been submitted by the liquidator for the directions of creditors and co ntributories in general meeting, but as to which no directions have been given or as to which there is a difference between the directions of creditors and contributories, the liquidator may apply to the court for directions and the court shall decide the matter and may make such order therein as it shall think fit. (3 ) Any person aggrieved by any act or decision of the liquidator may apply to the court after notice of m otion to the liquidator and therein the court may make such order as it thinks 223 Control by Master over liquidator (1 ) The Master shall take cognizance of the conduct of liquidators of companies which are being wound up by the court and if a liquidator does not faithfully perform his duties and duly observe all the requirements i mposed on him by law or otherwise with respect to the performance of his duties, or if any complaint is made to the Master by any creditor or contributory in regard thereto, the Master shall inquire into the matter and take such action thereon as he may think expedient. (2 ) The Master may at any time require any liquidator of a company which is being wound up by the court to answer any inquiry in relation to any winding up in which such liquidator is engaged and may, if he thinks fit, examine such liquidator or any other person on oath concerning the winding up. (3 ) The Master may also direct an investigation to be made of the books and vouchers of the liquidator. (4 ) Any expenses incurred by the Master in carrying out any provisions of this section shall be part of the costs of the winding up, but the court may order the liquidator to pay such expenses to the company de bonis propriis. 224 Banking account (1 ) Immediately after his appointment the liquidator of a company which is being wound up by the court shall open an account, in the name of the company in liquidation, with a bank within Zimbabwe and shall deposit therein to the credit of the company from time to time all moneys received by him on its behalf. All cheques or orders which may be drawn upon the account shall contain the name of the payee and the cause of payment and shall be drawn to order and signed by the liquidator or by his agent. (2 ) Immediately after opening the account the liquidator shall give the Master written particulars of the bank and the branch of the bank with which the account has been opened and he shall not, without the written permission of the Master, transfer the account from that branch. (3 ) The Master and any surety for the liquidator or any person authorized by such surety shall have the same right to information in regard to the account as the liquidator himself possesses and may examine all vouchers in relation thereto whether in the hands of the bank or of the liquidator. (4 ) The Master may, after notice to the liquidator, direct the manager of the said branch of the bank in writing to pay into the Guardian’s Fund all moneys standing to the credit of the account at the time of the receipt, by the said manager, of that direction and all moneys which may thereafter be paid into the account and the said manager shall carry out such direction. (5 ) If any liquidator, without lawful excuse, retains any sum of money belonging to the company exceeding forty dollars or knowingly permits his co-liquidator to retain such a sum of money longer than the earliest day after its receipt on which it was reasonable for him or his co-liquidator to pay the money into the bank or uses or knowingly permits his co-liquidator to use any assets of the company except for the benefit thereof he shall, in addition to any other penalty to which he may be liable, be liable to pay to the company an amount not exceeding double the sum so retained or double the sum of the assets so used. The amount which the liquidator is so liable to pay may be recovered by action in any competent court at the instance of his co -liquidator, the Master or any creditor or contributory. 225 Release of liquidator (1 ) When the liquidator of a company which is being wound up by the court has realized all the assets of the company and has distributed a final dividend, if any, to the creditors and adjusted the rights of the contributories

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