Section 121: Powers of Court

121. Powers of Court (1) The Court may, on the application of a liquidator, order a person who has failed to comply with a requirement of the liquidator under sections 117 and 118 to comply with that requirement. (2) A liquidator may apply to the Court for directions in relation to any particular matter arising in a winding up. (3) The Court may, on the application of the liquidator, order a person to whom section 117 (4) applies, to— (a) attend before the Court and be examined on oath or affirmation by the Court or the liquidator or a law practitioner acting on behalf of the liquidator on any matter relating to the business, accounts or affairs of the company; and (b) produce any record or document relating to the business, accounts or affairs of the company in that person’s possession or under that person’s control. (4) Where a person is examined under subsection (3) (a)— (a) the examination shall be recorded in writing; and (b) the person examined shall sign the record. (5) Subject to any direction by the Court, a record of an examination under this section is admissible in evidence in any proceedings under this Part or section 338 of the Companies Act. (6) A person is not excused from answering a question put in the course of being examined under subsection (3) on the ground that the answer might incriminate or tend to incriminate that person. (7) The testimony of the person examined is not admissible as evidence in criminal proceedings against that person except on a charge of perjury in relation to that testimony.