Bare ActsThe Banking Regulation Act, 1949

Section 45O

Special period of limitation.--

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything to the contrary contained in the Indian Limitation Act, 1908 (9 of 1908) or in any other law for the time being in force, in computing the period of limitation prescribed for a suit or application by a banking company which is being wound up, the period commencing from the date of the presentation of the petition for the winding up of the banking company shall be excluded. (2) Notwithstanding anything to the contrary contained in the Indian Limitation Act, 1908 or [Section 543 of the Companies Act, 1956 (1 of 1956)] or in any other law for the time being in force, there shall be no period of limitation for the recovery of arrears of calls from any director of a banking company which is being wound up or for the enforcement by the banking company against any of its directors of any claim based on a contract, express or implied; and in respect of all other claims by the banking company against its directors, the period of limitation shall be twelve years from the date of the accrual of such claims [or five years from the date of the first appointment of the liquidator, whichever is longer]. (3) The provisions of this section, in so far as they relate to banking companies being wound up, shall also apply to a banking company in respect of which a petition for the winding up has been presented before the commencement of the Banking Companies (Amendment) Act, 1953 (52 of 1953). Substituted by Act 95 of 1956, S. 14 and Sch. (w.e.f. 14/01/1957). Prior to substitution it read as: "Section 235 of the Indian Companies Act, 1913 (7 of 1913)" Inserted by Act 33 of 1959, S. 32 (w.e.f. 01/10/1959).

Section 45O – The Banking Regulation Act, 1949 | DailyLaw.ai