(1) The *[High Court] may on the application of a banking company which is temporarily unable to meet its obligations make an order (a copy of which it shall cause to be forwarded to the Reserve Bank) staying the commencement or continuance of all actions and proceedings against the company for a fixed period of time on such terms and conditions as it shall think fit and proper, and may from time to time extend the period so however that the total period of moratorium shall not exceed six months.
(2) No such application shall be maintainable unless it is accompanied by a report of the Reserve Bank indicating that in the opinion of the Reserve Bank the banking company will be able to pay its debts if the application is granted:
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*Subs. by Act 52 of 1953, s. 4, for "Court"
Provided that the 1[High Court] may, for sufficient reasons, grant relief under this section even if the application is not accompanied by such report, and where such relief is granted, the 1[High Court] shall call for a report from the Reserve Bank on the affairs of the banking company, on receipt of which it may either rescind any order already passed or pass such further orders thereon as may be just and proper in the circumstances.
2[(3) When an application is made under sub-section (1), the High Court may appoint a special officer who shall forthwith take into his custody or under his control all the assets, books, documents, effects and actionable claims to which the banking company is or appears to be entitled and shall also exercise such other powers as the High Court may deem fit to confer on him, having regard to the interests of the depositors of the banking company.]
3[(4) Where the Reserve Bank is satisfied that the affairs of a banking company in respect of which an order under sub-section (1) has been made, are being conducted in a manner detrimental to the interests of the depositors, it may make an application to the High Court for the winding up of the company, and where any such application is made, the High Court shall not make any order extending the period for which the commencement or continuance of all actions and proceedings against the company were stayed under that sub- section.]
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1. Subs. by Act 52 of 1953, s. 4, for "Court" (w.e.f. 30-12-1953)
2. Ins. by s. 5, ibid. (w.e.f. 30-12-1953)
3. Ins. by Act 33 of 1959, s. 25 (w.e.f.
1-10-1959)
Section 31 Submission of returns
Section 32 Copies of balance-sheets and accounts to be sent to registrar
Section 33 Display of audited balance-sheet by companies incorporated outside India
Section 34 Accounting provisions of this Act not retrospective
Section 34A Protection of documents of confidential nature
Section 36 Further powers and functions of Reserve Bank
Section 36A Certain provisions of the Act not to apply to certain banking companies
Section 36AA Power of Reserve Bank to remove managerial and other persons from office
Section 3CA Supersession of Board of Directors in certain cases
Section 36AD Punishments for certain activities in relation to banking companies
Section 36AF Power of the Central Government to make scheme
Section 36AG Compensation to be given to shareholders of the acquired bank
Section 36AH Constitution of the Tribunal
Section 36AI Tribunal to have powers of a civil court Section 36AJ Procedure of the Tribunal
Section 36B High Court defined
Section 37 Suspension of business
Section 38 Winding up by High Court
Section 39 Reserve Bank to be official Liquidator