Members
 
 
 
ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART X - WINDING UP
DIVISION 5 - WINDING UP OF UNREGISTERED COMPANIES

 
Section 317. Power of Court to stay or restrain proceedings.
 
Section 317. Power of Court to stay or restrain proceedings. (COMPANIES ACT 1965 (REVISED - 1973) - ACT 125) (1) The provisions of this Act with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding up order shall, in the case of an unregistered company where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.

(2) Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of the company in respect of any debt of the company except by leave of the Court and subject to such terms as the Court imposes.