Miscellaneous Powers of the Court 294 Meetings to ascertain wishes of creditors and contributories (1 ) The court may, as to all matters relating to a winding up, take into account the proved wishes of the creditors or contributories. (2 ) The court may, if it thinks fit, for the purpose of ascertaining those wishes, order meetings of the creditors and contributories to be called, held and conducted in such manner as it directs and may appoint a person to act as chairman of any such meeting and to report the result thereof to it. 295 Power of court to declare dissolution of company void When a company has been dissolved the court may, at any time within two years of the date of the dissolution, on an application by the liquidator of the company or by any other person who appears to the court to be interested, make an order, upon such terms as the court thinks fit, declaring the dissolution to have been void and thereupon such proceedings may be taken as might have been taken if the company had not been dissolved. 296 Review by court (1 ) Any person aggrieved by any decision, ruling, order, appointment or taxation of the Master under this Act may bring the same under review by the court and to that end may apply to the court by motion, after due notice has been given to the Master and to any person whose interests are affected: Provided that where the general body of creditors or contributors is affected notice to the liquidator shall be notice to them. (2 ) Any person aggrieved by any decision, ruling or order of the officer presiding at any meeting of creditors or contributories may bring the same under review by the court in the same manner, mutatis mutandis, as is prescribed in subsection (1). (3 ) Nothing in this section shall authorize the court to re -open any duly confirmed account or plan of distrib ution or of contribution otherwise than as is provided in section two hundred and eighty-three. 297 Special commissioners for taking evidence (1 ) All magistrates and such other persons as the court may appoint shall be commissioners for the purpose of taking evidence or holding any inquiry under this Act in cases where a company is wound up in any part of Zimbabwe and the court may refer the whole or any part of the examination of any witnesses or of any inquiry under this Act to any person hereby appointed commissioner, although he is out of the jurisdiction of the court. The Master, the liquidator and any creditor or contributory may be represented at such inquiry by an attorney with or without counsel. (2 ) Every commissioner within Zimbabwe shall, in addition to any powers which he might lawfully exercise as magistrate, have in the matter so referred to him the same powers of summoning and examining witnesses, of requiring the production or delivery of documents, of punishing defaulting or recalcitrant witnesses, and of allowing costs and expenses to witnesses, as the court which made the winding -up order. (3 ) The examination so taken shall be returned or reported to the court in such manner as the court directs. 298 Orders to be sent to Master and Registrar Whenever under this Act any order is made by the court in connection with the winding up, judicial management or dissolution of a company, a copy of such order certified by the registrar of the court shall be trans mitted by him to the Master and the Registrar. Judicial Management Instead of Winding Up 299 Circumstances in which provisional judicial management order may be obtained (1 ) Subject to section three hundred, the court may— (a ) on an application being made to it for such an order by any person who would be entitled to apply for the winding up of the company, grant a provisional judicial management order; or (b ) on an application being made to it for the winding up of the company, grant instead a provisional judicial management order. (2 ) Before an application referred to in paragraph (a ) of subsection (1) is filed with the court, a copy of the application, including the supporting affidavits and other documents, shall be lodged with the Master who may report to the court on any circumstances which appear to him to justify the court in postponing or dismissing the application, and in such event the Master shall transmit a copy of his report to the applicant. 300 Requirements for provisional judicial management order The court may grant a provisional judicial management order in respect of a company— (a ) on an application referred to in paragraph (a) of subsection (1 ) of section two hundred and ninety-nine , if it appears to the court — (i) that by reason of mismanagement or for any other cause the company is unable to pay its debts or is probably unable to pay its debts and has not become or is prevented from becoming a successful concern; and

Select target paragraph3

Add to table of contents