among themselves and made a final return, if any, to the contributories, he may apply to the Master for his release
and upon such liquidator giving, by advertisement in the Gazette, not less than three weeks’ prior notice of his
application, the Master shall take into consideration any objection to the release of the liquidator lodged by any
creditor, contributory or other person interested and upon consideration of the objections, if any, the Master may
either grant or withhold the release.
(2 ) The release of the liquidator by the Master shall discharge the liquidator from all liability in respect of
any act done or default made by him in the administration of the affairs of the company or otherwise in relation to
his conduct as liquidator, but any such release may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.
(3 ) Where the liquidator has not previously resigned or been removed his release shall operate as a removal
of him from his office.
226 Remuneration of liquidator
(1 ) In a winding up by the court every liquidator shall be entitled to a reasonable remuneration for his services, to be taxed by the Master according to the table of fees mentioned in the Seventh Schedule:
Provided that—
(i) the Master may for good cause reduce or increase his remuneration;
(ii) the Master may disallow his remuneration either wholly or in part on account of any failure or delay in
the discharge of his duties.
(2 ) No person who employs or is a fellow employee of or is in the ordinary employment of the liquidator
shall be entitled to receive any remuneration out of the assets of the company for service s rendered in the winding
up, and no liquidator shall be entitled, either by himself or by his partner, to receive out of the assets of the co mpany any remuneration for his services except the remuneration to which under this Act he is entitled.
General Powers of Court in Case of Winding Up by Court
227 Court may stay or set aside winding up
The court may at any time after the making of an order for winding up, on the application of the liquidator or
of any creditor or contributory and on proof to the satisfaction of the court that all proceedings in relation to the
winding up ought to be stayed or set aside, make an order staying or setting aside the proceedings on such terms
and conditions as the court deems fit.
228 Settlement of list of contributories
(1 ) As soon as may be after making a winding -up order, the court shall settle a list of contributories with
power to rectify the register of members in all cases where such rectification is required in pursuance of this Act:
Provided that, where it appears to the court that it will not be necessary to make calls on or adjust the rights of
contributories, the court may dispense with the settlement of a list of contributories.
(2 ) In settling the list of contributories, the court shall distinguish between persons who are contributories directly and persons who are contributories as being representatives of or liable for the debts of others.
229 Requiring delivery of property
The court may, at any time after making a winding-up order, require any contributor y for the time being settled on the list of contributories and any trustee, banker, agent or officer of the company to pay, deliver, convey,
surrender or transfer forthwith, or within such time as the court directs, to the liquidator any money, property or
books and papers in his hands to which the company is prima facie entitled.
230 Ordering payment of debt by contributory
(1 ) The court may, at any time after making a winding -up order, make an order on any contributory settled on
the list of contributories to pay, in manner directed by the order, any money due from him or from the estate of the
person whom he represents to the company, exclusive of any moneys payable by him or the estate by virtue of any
call in pursuance of this Act.
(2 ) When all the creditors are paid in full, any money due on any account whatever to a contributory from the
company may be allowed to him by way of set -off against any subsequent call.
231 Making calls and ordering payment
(1 ) The court may, at any time after making a winding-up order, and either before or after it has ascertained
the sufficiency of the assets of the company, make calls on and order payment thereof by all or any of the contributories settled on the list of the contributories to the extent of their liability, for payment of any money which the
court considers necessary to satisfy the debts and liabilities of the company and the costs, charges and expenses of
winding up, and for the adjustment of the rights of the contributories among themselves.
(2 ) In ma king a call the court may take into consideration the probability that some of the contributories may
partly or wholly fail to pay the call.
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