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Section 45T: Enforcement of orders and decisions of High Court.

The Banking Regulation Act, 1949Central Act · Act 10 of 1949

[45T. Enforcement of orders and decisions of High Court.--(1) All orders made in any civil proceeding by a High Court may be enforced in the same manner in which decrees of such court made in any suit pending therein may be enforced.

(2) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 (5 of 1908), a liquidator may apply for the execution of a decree by a court other than the one which made it on production of a certificate granted under sub-section (6) of section 45D and on his certifying to such other court in writing the amount remaining due or relief remaining unenforced under the decree.

(3) Without prejudice to the provisions of sub-section (1) or sub-section (2), any amount found due to the banking company by an order or decision of the High Court may, with the leave of the High Court, be recovered [by the liquidator in the same manner as an arrear of land revenue and for the purpose of such recovery the liquidator may forward to the Collector within whose jurisdiction the property of the person against whom any order or decision of the High Court has been made is situate, a certificate under his signature specifying the amount so due and the person by whom it is payable].

[(4) On receipt of a certificate under sub-section (3), the Collector shall proceed to recover from such person the amount specified therein as if it were an arrear of land revenue:

Provided that without prejudice to any other powers of the Collector, he shall, for the purposes of recovering the said amount, have all the powers, which, under the Code of Civil Procedure, 1908 (5 of 1908), a civil court has for the purpose of the recovery of an amount due under a decree.]]

Where this provision sits

ActThe Banking Regulation Act, 1949
Section45T
Marginal noteEnforcement of orders and decisions of High Court.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 52 of 1953. . Subs. by Act 52 of 1953, s. 10, for Part IIIA (w.e.f. 30-12-1953).
  • substituted. Subs. s. 24, ibid., for "in the same manner as an arrear of land revenue" (w.e.f. 1-2- 1964).
  • inserted. Ins. by s. 24, ibid. (w.e.f. 1-2-1964).

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