Bare ActsThe NBFC Act 2002 & Rules 2004

Section 9

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Powers of the Designated Court regarding realization or assets and payment ot depositors: (1) The Designated Court shall have all the powers for giving effect to the provisions of this Act. (2) Without prejudice to the generality of sub section (1), the Designated Court may- (a) give any direction to the Competent Authority as if deems fit, for effective implementation of the provisions of this Act; (b) approve the statement of dues of the financial establishment due from various debtors, assessment of the value of the assets of the financial establishment, 38 finalise the list of the depositors and their respective dues. (c) direct Competent Authority to take possession of any assets belonging to or in the control of the financial establishment and sell, transfer or realize the attached assets either public auction or by private sale as he deems fit depending upon the nature of assests and credit the sale proceed's thereof to the bank accounts: (d) approve the necessary expenditure to be incurred by the Competent Authority for taking possession and realization of the assets of financial establishment; (e) order for payment to the depositors by the Competent Authority or order for proportionate payment to the depositors in the event of the money so realized is not sufficient to meet the entire deposit liability; and (f) pass any order which the Designated Court deems fit for realization of the assets of the company and repayment to the depositors of the financial establishment or on any matter or issue incidental thereof. Explanation: For the purpose of this section, the expression ''financial-establishment'' includes the directors, 39 promoters, managers or member of said establishment or any other person whose property or assests have been attached under section 4.

Section 9 – The NBFC Act 2002 & Rules 2004 | DailyLaw.ai