Section 40 in The Companies (Second Amendment) Act, 2002
40. Substitution of new section for section 392.- For section 392 of the principal Act, the following section shall be substituted, namely:-" 392. Power of Tribunal to enforce compromise and arrangement.- (1) Where the Tribunal makes an order under section 391 sanctioning a compromise or an arrangement in respect of a company, it-(a) shall have power to supervise the carrying out of the compromise or an arrangement; and
(b)may, at the time of making such order or at any time thereafter, give such directions in regard to any matter or make such modifications in the compromise or arrangement as it may consider necessary for the proper working of the compromise or arrange ent.(2) If the Tribunal aforesaid is satisfied that a compromise or an arrangement sanctioned under section 391 cannot be worked satisfactorily with or without modifications, it may, either on its own motion or on the application of any person interested in he affairs of the company, make an order winding up the company, and such an order shall be deemed to be an order made under section 433 of this Act.(3)The provisions of this section shall, so far as may be, also apply to a company in respect of which an order has been made before the commencement of the Companies (Second Amendment) Act, 2002 sanctioning a compromise or an arrangement.".
