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

During a section 300 examination, notes of the examination are taken down. CS Anil, representing the examinee, advises him about them. Which advice is correct under the Act?

The notes are written, read over to or by the examinee and signed by him, and a copy is given to him. They can be used in evidence against him and any creditor or contributory may inspect them at reasonable times.

  1. AThe notes are confidential and cannot be used against him
  2. BThe notes are read over to or by him and signed by him, a copy is supplied to him, and they may later be used in evidence against him and are open to inspection by any creditor or contributoryCorrect
  3. CThe notes are kept only by the Liquidator and are not open to anyone else
  4. DThe notes need not be signed, but only creditors may inspect them

Explanation

Section 300(7) requires notes to be written down, read over to or by the person examined and signed by him, with a copy supplied to him. They may be used in evidence against him and are open to inspection by any creditor or contributory at reasonable times. Confidentiality is therefore wrong.

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