306. Meeting of creditors.— (1) The company shall along with the calling of meeting of the
company at which the resolution for the voluntary winding up is to be proposed, cause a meeting of its
creditors either on the same day or on the next day and shall cause a notice of such meeting to be sent by
registered post to the creditors with the notice of the meeting of the company under section 304.
(2) The Board of Directors of the company shall—
(a) cause to be presented a full statement of the position of the affairs of the company together
with a list of creditors of the company, if any, copy of declaration under section 305 and the estimated
amount of the claims before such meeting; and
(b) appoint one of the directors to preside at the meeting.
(3) Where two-thirds in value of creditors of the company are of the opinion that—
(a) it is in the interest of all parties that the company be wound up voluntarily, the company shall
be wound up voluntarily; or
(b) the company may not be able to pay for its debts in full from the proceeds of assets sold in
voluntary winding up and pass a resolution that it shall be in the interest of all parties if the company
is wound up by the Tribunal in accordance with the provisions of Part I of this Chapter, the company
shall within fourteen days thereafter file an application before the Tribunal.
(4) The notice of any resolution passed at a meeting of creditors in pursuance of this section shall be
given by the company to the Registrar within ten days of the passing thereof.
(5) If a company contravenes the provisions of this section, the company shall be punishable with fine
which shall not be less than fifty thousand rupees but which may extend to two lakh rupees and the
director of the company who is in default shall be punishable with imprisonment for a term which may
extend to six months or with fine which shall not be less than fifty thousand rupees but which may extend
to two lakh rupees, or with both.
