(1) If in the course of the winding up of a company or in the course of proceedings under Part 10 in relation to a company ,or in the course of a rescue period under Part 10A in respect of an eligible company, it appears that -
(a) any person was, while an officer of the company, knowingly a party to the carrying on of any business of the company in a reckless manner, or
(b) any person was knowingly a party to the carrying on of any business of the company with intent to defraud creditors of the company, or creditors of any other person or for any fraudulent purpose,
the court, on the application of the liquidator, examiner or process adviser of the company, a receiver of property of the company or any creditor or contributory of it, has the following power.
(2) That power of the court is to declare, if it thinks it proper to do so, that the person first-mentioned in paragraph (a) or (b) of subsection (1) shall be personally responsible, without any limitation of liability, for all or
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