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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

A Tribunal has ordered winding up of Orchid Textiles Ltd. and directed its former director, Mr. Rajan, to be examined on the Company Liquidator's report alleging fraud. Rajan wants a company secretary to assist him at the examination. Which is correct?

Rajan may engage a company secretary at his own cost, provided the person is entitled to appear before the Tribunal under section 432. The representative can put only the questions the Tribunal considers just, to help Rajan explain or qualify his answers.

  1. AHe may employ, at his own cost, a company secretary or other listed professional entitled to appear before the Tribunal under section 432, who may put such questions as the Tribunal considers just to help him explain or qualify his answersCorrect
  2. BThe Company Liquidator must bear the cost of his representative
  3. CHe may not be represented by anyone because the examination is on oath
  4. DHis representative may cross-examine him freely without any Tribunal control

Explanation

Section 300(4)(b) allows the person examined to employ, at his own cost, chartered accountants, company secretaries, cost accountants or legal practitioners entitled to appear under section 432. They may put only such questions as the Tribunal considers just, to help him explain or qualify answers. Hence free cross-examination and liquidator-borne cost are wrong.

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