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Contents

Part IX

198. No commencement or continuation of proceedings during administration

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

During the administration of a company, no formal proceeding against the company or any of its property shall be commenced or continued, except with –

(a)

the prior, written consent of the administrator; or

(b)

the permission of the court on such terms and conditions as may be necessary.

(2)

For the purposes of subsection (1), “formal proceeding”

includes –

(a)

any legal proceeding; and

(b)

any mediation or arbitral process or other formal adversarial process.

(3)

The administrator may give consent under subsection (1)(a) where it is satisfied that the commencement or continuation of the proceeding does not harm the interests of the creditors as a whole.

(4)

The administrator shall not be liable in damages for declining to give consent under paragraph (a) of subsection (1).

(5)

The court may give permission under paragraph (b) of subsection (1) where it is satisfied that substantial injustice would otherwise result.

Part X

Compromises

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Part XII

Part XIII

Part XIV

Cross - Border Insolvency

Part XV

Part XVI

Part XVII

Schedules