289. Power of Tribunal on application for stay of winding up
(1) The Tribunal may, at any time after making a winding up order, on an application
of promoter, shareholders or creditors or any other interested person, if satisfied, make an
order that it is just and fair that an opportunity to revive and rehabilitate the company be
provided staying the proceedings for such time but not exceeding one hundred and eighty
days and on such terms and conditions as it thinks fit:
Provided that an order under this sub-section shall be made by the Tribunal only when
the application is accompanied with a scheme for rehabilitation.
(2) The Tribunal may, while passing the order under sub-section (1), require the applicant
to furnish such security as to costs as it considers fit.
(3) Where an order under sub-section (1) is passed by the Tribunal, the provisions of
Chapter XIX shall be followed in respect of the consideration and sanction of the scheme of
revival of the company.
(4) Without prejudice to the provisions of sub-section (1), the Tribunal may at any
time after making a winding up order, on an application of the Company Liquidator, make
an order staying the winding up proceedings or any part thereof, for such time and on such
terms and conditions as it thinks fit.
(5) The Tribunal may, before making an order, under this section, require the Company
Liquidator to furnish to it a report with respect to any facts or matters which are in his opinion
relevant to the application.
(6) A copy of every order made under this section shall forthwith be forwarded by the
Company Liquidator to the Registrar who shall make an endorsement of the order in his
books and records relating to the company.