Section 317: Report of Company Liquidator to Tribunal for examination of persons

Companies Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 317

Section 317 of the Companies Act, 2013 empowered voluntary liquidators to report fraud to the Tribunal to trigger judicial examination; omitted by the IBC 2016, this investigatory mechanism now operates under Sections 66, 67, and Section 300 of the 2013 Act.

  • Formation of Liquidator's Opinion of Corporate Fraud: Required the liquidator to form a considered opinion that fraud had been committed in the promotion, formation, or conduct of business of the company.
  • Formal Report to Tribunal Detailing Specific Delinquencies: Mandated the submission of a detailed report to the Tribunal specifying the nature of fraudulent misapplication of corporate funds or deceit.
  • Judicial Inquisitorial Jurisdiction and Examination on Oath: Empowered the Tribunal upon receipt of report to order public examination of delinquent promoters or officers, applying compulsory winding up powers to voluntary liquidation.
Key Landmark Precedents:
  • Ex parte Barnes, [1896] AC 146: The House of Lords established that public examination cannot be ordered on vague conjecture; liquidator's report must aver specific fraud against designated individuals.
  • Official Liquidator, Supreme Bank Ltd. v. P.A. Tendolkar, (1973) 1 SCC 602: The Supreme Court affirmed that where liquidator discovers misappropriation, court has power to summon and examine delinquent officers.
  • Fazal D. Allana v. Mangaldas M. Pakvasa, AIR 1953 Bom 223: The Bombay High Court held that reports of fraud by liquidators are privileged and serve to set judicial machinery into motion for public protection.
Courtroom Practice & Strategic Litigation Guidance:

If an insolvency professional in voluntary liquidation uncovers diversion of funds or fraudulent trading, file an application under Sections 66 and 67 of the IBC or invoke NCLT's powers under Section 300 CA 2013; draft pleadings with forensic audit reports to satisfy the prima facie fraud threshold.