340. Power of Tribunal to assess damages against delinquent directors, etc
(1) If in the course of winding up of a company, it appears that any person who
has taken part in the promotion or formation of the company, or any person, who is or has
been a director, manager, Company Liquidator or officer of the company—
(a) has misapplied, or retained, or become liable or accountable for, any money
or property of the company; or
(b) has been guilty of any misfeasance or breach of trust in relation to the
company,
the Tribunal may, on the application of the Official Liquidator, or the Company Liquidator, or
of any creditor or contributory, made within the period specified in that behalf in sub-section
(2), inquire into the conduct of the person, director, manager, Company Liquidator or officer
aforesaid, and order him to repay or restore the money or property or any part thereof
respectively, with interest at such rate as the Tribunal considers just and proper, 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 Tribunal considers just and
proper.
(2) An application under sub-section (1) shall be made within five years from the date
of the winding up order, or of the first appointment of the Company Liquidator in the winding
up, or of the misapplication, retainer, misfeasance or breach of trust, as the case may be,
whichever is longer.
(3) This section shall apply, notwithstanding that the matter is one for which the
person concerned may be criminally liable.