Section 427. Delivery and seizure of property

(1) Where any of the persons mentioned in subsection (2) has in his possession or control any property, books, papers or records to which the company appears to be entitled, the Court may require that person immediately, or within such period as the Court may direct to pay, deliver, convey, surrender or transfer the property, books, papers or records to the judicial manager.

(2) The persons referred to in subsection (1) are as follows:

(a) a contributory or member of the company;

(b) any person who has previously held office as receiver or receiver and manager of the company’s property;

(c) any trustee for, or any banker, agent or officer of, the company; and

(d) any other person who has in his possession or control any property, books, papers or records to which the company appears to be entitled.

(3) Where—

(a) the judicial manager seizes or disposes of any property which is not the property of the company; and

(b) at the time of seizure or disposal the judicial manager believes, and has reasonable grounds for believing, that the judicial manager is entitled, whether under an order of the Court or otherwise, to seize or dispose of that property,

the judicial manager shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as that loss or damage is caused by the negligence of the judicial manager and the judicial manager shall have a lien on the property, or the proceeds of its sale, for such expenses as were incurred in connection with the seizure or disposal.

(4) Any person who, without reasonable excuse, contravenes any obligation imposed by this section commits an offence and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.