Section 298 of Companies Act, 2013 – Power to order costs

SECTION 298. POWER TO ORDER COSTS

[Effective from 15th December, 2016]

The Tribunal may, in the event of the assets of a company being insufficient to satisfy its liabilities, make an order for the payment out of the assets, of the costs, charges and expenses incurred in the winding up, in such order of priority inter se as the Tribunal thinks just and proper.

Applicable Rules

Companies (Winding Up) Rules, 2020

[Effective from 1st April, 2020]

PART IV

COSTS, ETC.

Rule 183. Costs in the discretion of Tribunal.—Costs shall be in the discretion of the Tribunal and no costs of, or incidental to, a proceeding shall be allowed between party and party, unless the same are expressly awarded by an order of the Tribunal.

Rule 184. Bill of costs by authorised representative, etc. employed by Company Liquidator.— Every authorised representative, accountant, auctioneer or other person employed by the Company Liquidator in a winding up by the Tribunal, shall, on request by the Company Liquidator (to be made in sufficient time before the declaration of a dividend) deliver his bill of costs or charges to the Company Liquidator, and if he fails to do so within four weeks of the receipt of the request or such extended time as the Tribunal may allow, the Company Liquidator shall declare and distribute the dividend without regard to such person’s claim and the claim shall be forfeited : Provided that the Tribunal may, at any time before the declaration of the final dividend, for good cause shown, restore the claim and order the bill to be received without prejudice to the distribution of dividends declared prior to the making of the order, and the request by the Company Liquidator shall be in Form WIN 95 and shall be served personally or by registered post or speed post.

Rule 185. Fees in misfeasance proceeding.—In a proceeding against the persons referred to in sections 339 or 340, the fees to authorised representatives shall be allowed as decided by the Tribunal having regard to the nature and complexity of the case.

Rule 186. Fees when proceeding is compromised.—Where a proceeding is compromised prior to its being set down for hearing, the fees to be allowed to authorised representatives of the parties shall be as decided by the Tribunal having regard to the nature and complexity of the case.

Rule 187. Costs of parties having common interest.—(1) Where two or more petitions or applications raise a common issue and are heard together and decided by a common judgment, unless the Tribunal otherwise orders, only one set of costs shall be allowed to all the parties together in the said petitions or applications who have a common interest.

(2) Where different parties in the same proceeding have a common interest, only one set of fees shall be allowed to all of them together, though they may be represented by different authorised representatives, unless the Tribunal otherwise orders.

Rule 188. Tribunal’s power to fix a fee.—(1) Nothing in these rules shall be deemed to prevent the Tribunal from fixing a fee for any matter if in any particular case the Tribunal considers it necessary to do so in the interest of justice.

(2) In any case where the contest has not been of a substantial nature, the Tribunal may direct that the costs shall be on the uncontested scale.

Rule 189. Allowance to witnesses.—The allowances to be made to witnesses shall be on the scales as determined by the Tribunal.