Section 155: Application to Court

155. Application to Court (1) Any person aggrieved by any act or decision of the liquidator may appeal to the Court which may confirm, reverse or modify the act or decision complained of and make such order as it may determine. (2) A liquidator, contributory or creditor may apply to the Court to— (a) determine any question arising in the winding up of a company; or [Issue 6] I14 – 92 Revised Laws of Mauritius (b) exercise all or any of the powers which the Court might exercise if the company were being wound up by the Court. (3) (a) Where, in the course of the winding up of a company, it appears to the Court that a person who has taken part in the formation or promotion of the company, or a past or present director, manager, liquidator, administrator or receiver of the company, has misapplied or retained or become liable or accountable for money or property of the company, or been guilty of negligence, default or breach of duty or trust in relation to the company, the Court may, on the application of the liquidator or a creditor or shareholder or the Director— (i) inquire into the conduct of the promoter, director, manager, liquidator, administrator or receiver; and (ii) order that person— (A) to repay or restore the money or property or any part of it with interest at a rate the Court may determine; (B) to contribute such sum to the assets of the company by way of compensation as the Court may determine; or (C) where the application is made by a creditor, to pay or transfer the money or property or any part of it with interest at a rate the Court may determine to the creditor. (b) An order for payment of money under paragraph (a) shall be deemed to be a final judgment within the meaning of section 8. (4) Where the Court is satisfied that the determination of the question or the exercise of the power will be just and beneficial, it may accede wholly or partially to an application under subsection (2), or make such other order on such terms as it may determine.