Companies (Amendment) Act, 1990

No lien over company's books, records etc.

32.—Where the court has appointed an examiner, no person shall be entitled as against the examiner to withhold possession of any deed, instrument, or other document belonging to the company, or the books of account, receipts, bills, invoices, or other papers of a like nature relating to the accounts or trade, dealings or business of the company, or to claim any lien thereon provided that—

(a) where a mortgage, charge or pledge has been created by the deposit of any such document or paper with a person, the production of the document or paper to the examiner by the person shall be without prejudice to the person's rights under the mortgage or charge (other than any right to possession of the document or paper),

(b) where by virtue of this section an examiner has possession of any document or papers of a receiver or that a receiver is entitled to examine, the examiner shall, unless the court otherwise orders, make the document or papers available for inspection by the receiver at all reasonable times.