359.
| (1) Where in the course of winding up of a company it appears that any person who has taken part in the formation or promotion of the company, or any past or present director, manager or liquidator, or any officer of the company, has misapplied or retained or become liable or accountable for any money or property of the company, or has been guilty of any misfeasance or breach of trust in relation to the company, the court may, on the application of the official receiver, or the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, director, manager, liquidator, or officer, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just, or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retainer, misfeasance, or breach of trust as the court thinks just |
|
| (2) The provisions of this section shall have effect not withstanding that the offence is one for which the offender may be criminally liable. |
|
| (3) Where an order for payment of money is made under the provisions of this section, the order shall for the purposes of the Insolvency Ordinance, be deemed to be a judgment for the recovery of a debt or money demand referred to in section 12 of that Ordinance. |
|
|
Sri Lanka Consolidated Acts