Appointment by Department
117.—(1) In a winding up by the High Court the official receiver may, at any time when he is liquidator of the company, apply to the Department for the appointment of a person as liquidator in his place.
(2) If meetings are held in pursuance of a decision under Article 116(5)(a), but no person is chosen to be liquidator as a result of those meetings, it is the duty of the official receiver to decide whether to refer the need for an appointment to the Department.
(3) On an application under paragraph (1), or a reference made in pursuance of a decision under paragraph (2), the Department shall either make an appointment or decline to make one.
(4) Where a liquidator has been appointed by the Department under paragraph (3), the liquidator shall give notice of his appointment to the company’s creditors or, if the High Court so allows, shall advertise his appointment in accordance with the directions of theCourt.
(5) In that notice or advertisement the liquidator shall—
(a)state whether he proposes to summon a general meeting of the company’s creditors under Article 120 for the purpose of determining (together with any meeting of contributories) whether a liquidation committee should be established under that Article, and
(b)if he does not propose to summon such a meeting, set out the power of the company’s creditors under that Article to require him to summon one.