Section 362 CAMA 2020

Section 362 Companies and Allied Matters Act is about Obstruction of inspectors to be treated as contempt of court. It is under Chapter 13 (Protection of minority against illegal and oppressive conduct action by or against the company) of the Act.

(1) When an inspector is appointed under section 357 or 358 to investigate the affairs of a company, the following applies in the case of—

(a) any officer or agent of the company ;

(b) any officer or agent of another body corporate whose affairs are investigated under section 359 ; and

(c) any such person as is mentioned in section 360 (2).

(2) Section 360 (4) applies with regards to references in subsection (1)to an officer or agent.

(3) If that person—

(a) refuses to produce any book or document which it is his duty under section 360 or 361 to produce, or

(b) refuses to appear before the inspector when required to do so,the inspector may certify the refusal in writing and apply to the Court for contempt proceedings against the person.

(4) The Court may thereupon enquire into the case, and after hearing any witness who may be produced against or on behalf of the alleged offender and after hearing any statement which may be offered in defence,the Court may punish the offender in like manner as if he had been guilty of contempt of the Court.