COMPANIES ACT, 1029

682

252.—(1) The liquidator or any contributory or creditor may
apply to the court to determine any question arising in the winding
up of a company, or to exercise, as respects the enforcing of calls,
or any other matter, all or any of the powers which the court might
exercise if the company were being wound up by the court.

(2) The court, if satisfied that the determination of the question
or the required exercise of power will be just and beneficial, may
accede wholly or partially to the application on such terms and
conditions as it thinks fit, or may make such other order on the
application as it thinks just.

253.—(1) If the court, on the application of the liquidator in
the winding up of a company registered in Scotland, so directs, no
action or proceeding shall be proceeded with or commenced against
the company except by leave of the court, and subject to such terms
as the court may impose.

(2) Nothing in this section shall be taken to affect the practice
or powers of the court as existing immediately before the commence-
ment of this Act with respect to the staying of proceedings against a
company registered in England and in course of being wound up

254. All costs, charges, and expenses properly incurred in the
winding up, including the remuneration of the liquidator, shall
be payable out of the assets of the company in priority to all other
claims.

255. The winding up of a company shall not bar the right of any
creditor or contributory to have it wound up by the court, but in
the case of an application by a contributory, the court must be
satisfied that the rights of the contributories will be prejudiced by a
voluntary winding up.

Power to apply
to court to have
questions deter-
mined or powers
exercised.

dower of court
n Scotland to
“tay proceedings
1gainst com-
Jany.

Costs of volun-
tary winding up.

Saving for rights
of creditors and
contributories.

(ivy) WinDING Up SUBJECT TO SUPERVISION OF COURT.
256. When a company has passed a resolution for voluntary Power to order
winding up, the court may make an order that the voluntary winding Jpeg?
up shall continue but subject to such supervision of the court, supervision.
and with such liberty for creditors, contributories, or others tr
apply to the court, and generally on such terms and conditions, a
the court thinks just.

257. A petition for the continuance of a voluntary winding up Effect of petition
subject to the supervision of the court shall, for the purpose of nin Bp
giving jurisdiction to the court over actions, be deemed to be a supervision.
petition for winding up by the court.
258. A winding up subject to the supervision of the court shall, Application of
for the purposes of sections one hundred and seventy-three and one $5; 17330d 174 to
hundred and seventy-four of this Act, be deemed to be a winding Diet or
up by the court. supervision.