Section 118: Powers of liquidator

118. Powers of liquidator (1) A liquidator has the powers set out in the Sixth Schedule and the specific powers to obtain documents and information set out in this section. I14 – 71 [Issue 3] Insolvency Act (2) A liquidator may, by notice in writing, require a director or shareholder of the company or any other person to give him such record or document of the company in that person’s possession or under that person’s control as he may require. (3) A liquidator may, by notice in writing, require— (a) a director or former director of the company; (b) a shareholder of the company; (c) a person who was involved in the promotion or formation of the company; (d) a person who is, or has been, an employee of the company; (e) a receiver, accountant, auditor, bank officer or other person having knowledge of the affairs of the company; or (f) a person who is acting or has at any time acted as a law practitioner for the company, to do any of the things specified in subsection (4). (4) A person referred to in subsection (3) may be required— (a) to attend on the liquidator at such reasonable time or times and at such place, including a place of meeting of creditors, as may be specified in the notice; (b) to provide the liquidator with such information about the business, accounts, or affairs of the company as the liquidator requests and be examined by the liquidator in connection with such affairs of the company; and (c) to assist in the liquidation to the best of the person’s ability. (5) The Court may, on the application of the liquidator or a person referred to in subsection (3) (e) or (f), not being an employee of the company, order that that person is entitled to receive reasonable remuneration and travelling and other expenses in complying with a requirement of the liquidator under subsection (4). (6) A person referred to in subsection (3) (e) or (f) shall not be entitled to refuse to comply with a requirement of the liquidator under subsection (4) by reason only that— (a) an application to the Court to be paid remuneration or travelling or other expenses has not been made or determined; (b) remuneration or travelling or other expenses to which that person is entitled have not been paid in advance; or (c) the liquidator has not paid that person travelling or other expenses. (7) Where a person directed to attend before the liquidator under subsection (3) applies to the Court to be exculpated from any charges made or suggested against him, the liquidator shall appear on the hearing of the [Issue 3] I14 – 72 Revised Laws of Mauritius application and call the attention of the Court to any matters which appear to him to be relevant and the Court may, after hearing any evidence given or witnesses called by the liquidator, grant the application. (8) Notes of the examination of a person under subsection (4)— (a) shall be reduced to writing; (b) shall be read over to or by and signed by the person examined; (c) may thereafter be used in evidence in any legal proceedings against him; and (d) shall be open to the inspection of any creditor or contributory.