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Wednesday, January 16, 2008

the Court must consider the report, and direct the person charged/ concerned

the Court must consider the report, and direct the person charged/ concerned

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to attend on a qay appointed for the purpose and publicly examine the person,

as to the complained conduct and dealings in his capacity as such promoter or officer;

(iii) the Official Liquidator shall take part in the examination, and if authorised by the Court, may employ counsel for the purpose of assisting him in the proceedings;

(iv) any creditor or contributory may also take part in the examination either

personally orby counsel, entitled to appear before the Court;

(v) the Court may put such questions to the examinee, as it thinks fit; .

(vi) the public examination of the person shall be on oath, and the examinee shall

be liable to answer all questions as may be put tohun by the Court or allowed

to be put to him by the other person, with the leave of the Court;

(vii) the person examined,hall before his examination be fu..rnished (at his own

cost) a copy of the rt of the Official Liquidator, and engage at his own

cost, a co who may 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;

(viii) if the examinee applies to the Court to be exc.ulpated from any charges made, it would be the duty of the Official Liquidator to appear at the hearing of the application and call attention of the Court, to relevant matters, whereafter, the Court may on hearing evidence, grant or refuse the application; .

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

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