COMPANIES ACT, 1929

671
(5) The person examined shall be examined on oath, and shall
answer all such questions as the court may put or allow to be put
to him.

(6) A person ordered to be examined under this section shall at
his own cost, before his examination, be furnished with a copy of the
official receiver’s report, and may at his own cost employ a solicitor
with or without counsel, who shall be at liberty to put to him such
questions as the court may deem just for the purpose of enabling
him to explain or qualify any answers given by him:

Provided that, if any such person applies to the court to be
exculpated from any charges made or suggested against him, it shall
be the duty of the official receiver to appear on the hearing of the
application and call the attention of the court to any matters which
appear to the official receiver to be relevant, and if the court, after
hearing any evidence given or witnesses called by the official receiver,
grants the application, the court may allow the applicant such
costs as in its discretion it may think fit.

(7) Notes of the examination shall be taken down in writing,
and shall be read over to or by, and signed by, the person examined,
and may thereafter be used in evidence against him, and shall be
open to the inspection of any creditor or contributory at all reason-
able times.

(8) The court may, if it thinks fit, adjourn the examination
from time to time.

(9) An examination under this section may, if the court so
directs, and subject to general rules, be held before any judge of
county courts, or before any officer of the Supreme Court, being an
official referee, master, or registrar in bankruptcy, or before any
district registrar of the High Court named for the purpose by the
Lord Chancellor, or, in the case of companies being wound up by a
Palatine Court, before a registrar of that court, and the powers of
the court under this section may be exercised by the person before
whom the examination is held.
217.—(1) Where an order has been made in England for winding Power in Eng-
up a company by the court, and the official receiver has made a strain
further report under this Act stating that, in his opinion, a fraud has sons from
been committed by a person in the promotion or formation of the Jile&te
company, or by any director or other officer of the company in
relation to the company since its formation, the court may, on the
application of the official receiver, order that that person, director
or officer shall not, without the leave of the court, be a director of or
in any way, whether directly or indirectly, be concerned in or take
part in the management of a company for such period, not exceeding
five years, from the date of the report as may be specified in the order.

(2) The official receiver shall, where he intends to make an
application under the last foregoing subsection, give not less than
ten days’ notice of his intention to the person charged with the
fraud, and on the hearing of the application that person may appear
and himself give evidence or call witnesses.