(9)The [Tribunal] [Substituted by Act 31 of 1988, Section 46, for Section 269 (w.e.f. 15.6.1988).][ shall, if, after giving a reasonable opportunity to the company, the Managing or whole-time Director or the manager, or the officer who is in default, as the case may be, comes to the conclusion that the appointment has been made in contravention of the requirements of Schedule XIII, make an order declaring that a contravention of the requirements of Schedule XIII has taken place.