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.