Voluntary winding up of company, etc., not to stop investigation proceedings

An investigation under this Chapter may be initiated notwithstanding, and no such investigation shall be stopped or suspended by reason only of, the fact that—

(a)

an application has been made under section 241;

(b)

the company has passed a special resolution for voluntary winding up; or

(c)

any other proceeding for the winding up of the company is pending before the Tribunal:

Proviso

Provided that where a winding up order is passed by the Tribunal in a proceeding referred to in clause ( c ), the inspector shall inform the Tribunal about the pendency of the investigation proceedings before him and the Tribunal shall pass such order as it may deem fit:

Proviso

Provided further that nothing in the winding up order shall absolve any director or other employee of the company from participating in the proceedings before the inspector or any liability as a result of the finding by the inspector.

“ Tribunal ” means the National Company Law Tribunal constituted under section 408