Section 214. Who to be deemed a contributory in the event of Company being \vonlld

214. Who to be deemed a contributory in the event of Company being \vonlld up, `215.` Power of Court to restrain further proceedings. - 2 1 6. Effect of order for winding-up Company. 217. Provisioll in case of unregistered Company. 218. Provisions in this part of Act cumulative. PART VIII. 213. Subject as hereinafter mentioned any pa.rt.nership, association or of UnCompany, except Railway Companies incorporated by Act of registered Companies. Parliament or Act of the Governor-General of India in Council, consisting of more than seven members and not registered under this Act, an$ hereinafter included under the term Unregistered Company, may be wouird up under this Act, and all the. provisioos of this Act with respect to windingup shall apply to such Company, with the following exceptions and addit.ions : - ( 1 ) An Unregistered Company shall, for the purpose - - of determining the Court having jurisdictio~l in the matter of the winding-up, be deemed to be registered in that part of British I ndia ahem its principal place of business is situate; or if it has a principal place of business situate in more than one part of British India, then in each part of British India where it has a principal place of business. Moreover, the principal place of business of an Unregistered Company, or (where it has a principal place of busilless situate in more thall olle part of British India) such one of its principal places of business as is situate in that part of Britfsh India in which proceedings are being instituted, ,shall, for all the purposes of the winding-up of such Company, be deemed to be the registered Office of the Company : (2.)[No Unregistered Company shall be wound up under this Act vo]un- ] tallily, or s~lbjec t o the supervision of the Court : (3.) The circumstances under which all Unregistered Company nlay be mound up aye as follows ; (that is to say) :- (u.)[TVhenever the Company is dissolved or has ceased to carry on business, ] or is carrying on business only for the purpose of winding-up its affail-s; (b.)[Whenever ][the ][Company ][is ][unable'.to pay its debts ][; ] (c.) J4'henevcr t l ~ e Court is of opinion tliat it is just and cq~litablc tllat the Company should l ~ e wonnd 111' : `(j.)` ~ $ 2 : ACT No. X `OF` 1866. (4.) An Unregistered - C o ~ q a n y s i l l - f s r - L h puTw--of -this Act, be deemedm -be u n ~ 1 3 3 6 pay its debts, (a,)[Whenever a creditor to whom the Company is indebted, by ][assign- ] ment or otherwise, in. a sum exceeding five hu'ndred rupees then due, hasserved on the Company, by leaving the same at the principal place of business of the Company or by delivering to the Secretary or some Director or principal Officer of the Company, or by other~ise serving the same in such manner as the Court may approve or direct, a demand under his hand requiring the Company to pay the sum so due, and the Company has for the space of three weeks succeeding the service of such deinand neglected to pay such sum, or to secure or colapound for the same to the satisfaction of the creditor : (6.)[Whenever any suit or other proceeding bas been instituted against ] any member of the Company for any debt or demand due or clain~ed to he due from the Company, or from hirz ia his character of member of the Company, and, notice in writing of the institution of such suit or other legal proceeding having becn served upon the Company by leaving the same at; the principal place of business of the Company, or by delivering it to the Secretary, or some Director, Manager or principal Officer of the Company, or by otherwise serving the same in such manner as the Court may approve or direct, the Compally has not within ten days after service of such notice paid,' secured or compounded for such debt or demand, or procured such suit or other legal proceeding to be stayed, or indemnified the defendant to his reasonable satisfaction against such suit or other legal proceeding, and against all costs, darnages and expenses to be incurred by him by reason of the same : . (c.) TYhellever execution or other process issued on a decree or orcle). obtained in any Court in favour of any creditor in any yroceecling instituted by sucli creditor 'against the Conlpany, or any member thereof as such, or against any person autllorized to be sued as nominal defendant 011 behalf of the Company, is returned unsatisfied : (d.)[Wllol~ever ][it ][is ][otl~e~wise ] proved to the satisfaction of the Court, t,liafl the Company is unable to pay its dcbts. 214. I11 tlie event of an UnrcgisLered Conlp:-lny being .rvouncl up, c?vc~y IVIIO to bc ducljlcd person shall bo clcor~~acl to 1x3 a co~~t~lbutory who is iiabie f o a cni~Cri!~utor.y ill tllc ers,,t c ~ ~ , , , , ~ ~ ~ ~ ~ . " ijiiy or contribute to the payment of anj7 debt or liabilit'y of i11g wound nj). tllc Company, or to pay or contribntc to the pny~neut of ::ny sum for tlie a~ljustmerit of tllc rigllt,,s 06 tlic inernl~crs :::ui;~i:~si, tllelnsel~es, ole i 0 ]):i<y ACT No. X `OF` 1866. to pay or contribute to thgpayment of the costs, charges and expenses of wind---ing up the Company. Every such contt-il%~ta~ sh-ttls-be' liable to contribute to the assets of the Company in the course of the winding-up all sums due from him in respect of any such liability as aforesaid. I n the event of the death or insolvency of any contributory, the provisions hereinbefore contained with respect to the personal representatives, heirs and devisees of a deceased contriIlutory, and to the assignees of an insolvent contributory, shall apply. 215. The Court may, a t any time after the making of an application Power of Court to[for winding-up an Unregistered Company, and before making ] restrain further proan order for windiug-up the Company, upon the application eeedings. of any creditor of the Company, restrain further proceedings in any suit or proceeding against any contributory of tlie Company, or against the Company as hereinbefore provided, upon such terms as the Court thinks fit. 216. Where an order has been made for wii~ding-up an Unregistered ComEffect of order for pany, in addition to the provisions hereinbefore contained in wbdiug-u~ Company. the case of Companies formed under this Act, it is hereby furtl~er. providcd that no suit shall be c~mmenced or proceeded with against any contributory of the Cornpauy in respect of any debt of the Company, except with the leave of the Court and snbject to such ter111s ns the CfoulaL may imposed `217.` If[any Unregistered Company has no power to sue and be sued in ] [a ] Provision `in` case common,name, or if, fur any reason, it appears expedient, the Unregi8teredCom~an~ Court may, by the order made for windirig-up such Company or by izny subsequent order, direct that all such pr&erty, moveable and imrnoveahle , i l ~ c l u d i n ~ all interests, claims and rights into and out of property, more:+ble and im:xoveable, and including tllings in action, as may belong to or be vested in the Company, or to or in auy peyson or persons on trust for 01. on belralf of t h e Company or any part of such property, is to vest in tlie Official Liquidator or Of-licid Iiyuidators by his or their official nume or names, and thereupon the same or such part thereof as ]nay be specified in the older shall vest accordingly, and the Official Liquidator or Official Liqnidators may, iu his or their official name or names, or ill such naiue 01- ilalnes arid after giri~lg such indemnity as tlie Cou~ t directs, l j r i n ~ or dcf'c~~d an). suits or other Icgill ~)rocecdings relating to :tny property vest()([ in him or tilcn~, or Ci>y si~its ur othci. leya\ l~roceedings necpssal.$ to l)e l>r0ugliL o r dcfcnded for the I)ulnposes of efK'ectu:llly winding-up the Coll,j,fiii~ 2nd rocover. iug t!~c property thereof, ==> picture [63 x 20] intentionally omitted <== ? r. s I ?- i i 1 ; \ `218.` The provisions made by this Part of the Act with respect to Unregis- Provisione `of` this tered Companies shall be deemed to be made in addition to and Part of Act cumulative. not in restriction of any provisions hereinbefore contained `1` wiih respect to winding-up Companies by the Court. The Court or Official Liquidator may, in addition to any thing contained in this Part of the Act, exercise `L` * any powers or do any act in the case of Unregistered Companies which might bc exercised or done by it or him in winding-up Companies formed under this Act ; but an Unregistered Company shall not, except in the event of its being wound up, be deemed to be a Company under this Act, and then only to tlie extent provided by this Part of this Act. `A` DIP `IT'` `A` DIP L - L ~ A. `219.` After the commencement of this Act, there shall be Repeal of Acts. repealed the several Acts specified in the third Schednle hercto. Saving Cla~~se as to 220. No repeal hereby enacted shall affect- repeal. `(1.)`[Any ][thing ][duly done under any Acts hereby repealed: ] `(2.)`[The incorporation of ][any ][Colnpany registered under any Act hereby ] repealed : (3.)[Any right ][or ][privilege acquired or liability iixcurrcd under any Act ] hereby rcpcaled : (dl.) Any penalty, forfeiture or other punishinent incurred in respect of ally offence against any Act herelsy repcalecl : (5,) Table H in the Schedule aizncsed to Act No. XIX of 1857 or any part tlicrcof, so far as the same applies to :illy Company existing nt tlie Lime of t,llc uom;ucncement of illis ,4ct. . - . - 821. "N11c.r~ 1?rc~:cuslv to thi: comme~~cei~leill of this Act an order has 136311 made for n~inding up a Company undkr any Acts or Act Snring of exisling l'Gocecdi~~gs ibr r i n d - ~ c I ' c ~ . ) Y repealed, 01. n 12wo!ution llns becil passed for wincling-. i ~ ~ g 1 1 ~ 1 . 111, `:L` Coinlx~ny volr~iztarilp, sncll (:oml~any sh?ll bc wo~md u??,: in LIiie sanic i;>ailnc:r and with thr ..:I:P ::;i;idciits . . as if ii.ct were not passed, and for the purposes of such wiurlin@-11p, suc!~ :.ciidtiJ Acts or Act, slxn.11 h.t d ~ ~ i ~ c i l t;o ~i!!!! :;ill ill fill1 force. fib>,? & A & * -*-.--Et'll~ri: .... . . I i ,- t y li 5' `3` ACT No. X OF `l866.,` Y 222. -.[Where previously ][t o ][the commencement of this -4ct any conveyance, ] B ~ of GConveyy- ~ ~[mortgage or other deed has been made in pnrsuanc~ of ] [apy ] mce Dee&. Act hereby repealed, such deed shall be of the same force as if this Act had notpassed, and for the purposes of such deed, such repealed Act shall be deemed t o remain in full force. `223.`[Every Company required by a.ny Act hereby repealed to register under ] the said Acts or either of them, and which has not so regisCompulsory registration of certain Corn- tered, shall, on o r before the expiration of the thirty -first day panies. from the commencement of this Act, register itself as a Company under this Act, in manner and subject to the reguiations hereinbefore contained. No fees shall be charged in respect of the registration of any Company required to register by this Section.