1. A Company Liquidator appointed under section 310 may be removed by the company where his appointment has been made by the company and, by the creditors, where the appointment is approved or made by such creditors.
2. Where a Company Liquidator is sought to be removed under this section, he shall be given a notice in writing stating the grounds of removal from his office by the company or the creditors, as the case may be.
3. Where three-fourth members of the company or three-fourth of creditors in value, as the case may be, after consideration of the reply, if any, filed by the Company Liquidator, in their meeting decide to remove the Company Liquidator, he shall vacate his office.
4. If a vacancy occurs by death, resignation, removal or otherwise in the office of any Company Liquidator appointed under section 310, the company or the creditors, as the case may be, fill the vacancy in the manner specified in that section.
Legal Commentary & Landmark Judgments: Section 311
Section 311 of the Companies Act, 2013 provided statutory mechanisms for removing a Company Liquidator on cause shown and filling casual vacancies; omitted by the IBC 2016, this oversight is now exercised under IBBI Regulations and NCLT supervisory powers.
When seeking replacement of a voluntary liquidator before NCLT under Section 59 IBC read with Rule 11 of NCLT Rules, plead specific facts proving non-performance, breach of IBBI Code of Conduct, or failure to adhere to the statutory completion timeline.