Companies Act, 1990

Consequences of contravention of section 319 or 320 of the Principal Act.

174.—The Principal Act is hereby amended by the insertion after section 320 of the following section—

“320A.—Where, in contravention of section 319 (1) (b) and section 320, a statement of affairs is not submitted to the receiver as required by those provisions, the court may, on the application of the receiver or any creditor of the company, and notwithstanding the provisions of section 320 (5) (inserted by section 173 of the Companies Act, 1990), make whatever order it thinks fit, including an order compelling compliance with section 319 and section 320.”.