Section 171: Duties of usher in execution process

171. Duties of usher in execution process (1) Subject to subsection (6), and notwithstanding the Sale of Immovable Property Act, where— (a) property of a company is taken in an execution process; and (b) before completion of the execution process, the usher charged with the execution process receives notice that a liquidator of the company has been appointed, he shall, on being required by the liquidator to do so, give or transfer the property and any money received in satisfaction or partial satisfaction of the execution or paid to avoid a sale of the property, as the case may be, to the liquidator. (2) The costs of the execution process are a first charge on any property or money given or transferred to the liquidator under subsection (1) and the liquidator may sell all or some of the property to satisfy that charge. (3) Subject to subsection (6), where— (a) property of a company is sold in an execution process in respect of a judgment for a sum exceeding 10,000 rupees, or such other amount as may be prescribed; or (b) money is paid to the usher charged with the execution process to avoid a sale of the property, the usher shall retain the proceeds of sale or the money so paid for 28 days. [Issue 3] I14 – 100 Revised Laws of Mauritius (4) Subject to subsection (6), where— (a) within the period of 28 days, the usher has notice of— (i) the calling of a meeting of the company at which a resolution to appoint a liquidator is proposed under section 137 (1) (a); (ii) the calling of a meeting at which a resolution is proposed to appoint a liquidator pursuant to section 137 (1) (b); (iii) the making of an application to the Court to appoint a liquidator pursuant to section 102; or (iv) any step is taken for the winding up or dissolution of a limited life company under section 290 of the Companies Act; and (b) the company is put into winding up, the usher shall deduct from the amount the costs of the execution process and pay the balance to the liquidator. (5) A liquidator to whom money is paid under subsection (4) is entitled to retain it as against the execution creditor. (6) The Court may set aside the application to such extent and on such terms as it thinks appropriate.