Repealed or not in force · As amended up to 2026-08
20. If any creditor who is entitled in respect of any debt or claim to object to the reduction of the capital
Order and minute to be registered.
Minute to form part of memorandum of association.
Saving of rights of creditors who
Companies. [ACT VI
are ignorant of proceedings.
capital of a Company under this Act is, in consequence of his ignorance of the proceedings taken with a view to such reduction, or of their nature and effect with respect to his claim, not entered on the list of creditors, and after such reduction the Company is unable, within the meaning of this Act, to pay to the creditor the amount of such debt or claim, every person who was a member of the Company at the date of the registration of the order and minute relating to the reduction of its capital shall be liable to contribute for the payment of such debt or claim an amount not exceeding the amount which he would have been liable to contribute if the Company had commenced to be wound up on the day prior to such registration;
and, on the Company being wound up, the Court, on the application of such creditor, and on proof that he was ignorant of the proceedings taken with a view to the reduction, or of their nature and effect with respect to his claim, may, if it thinks fit, settle a list of such contributories accordingly, and make and enforce calls and orders on the contributories settled on such list in the same manner in all respects as if they were ordinary contributories in a winding-up.
Nothing in this section shall affect the rights of the contributories of the Company among themselves.
Registered minute to be embodied in memorandum of association.
Source: India Code