(1) Entries in the books of account or other documents of a banking company which is being wound up shall be admitted in evidence in all 1[legal proceedings]; and all such entries may be proved either by the production of the books of account or other documents of the banking company containing such entries or by the production of a copy of the entries, certified by the official liquidator under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the books of account or other documents of the banking company in his possession.
(2) Notwithstanding anything to the contrary contained in the Indian Evidence Act, 1872 (1 of 1872) all such entries in the books of account or other documents of a banking company shall, as against the directors 2[officers and other employees] of the banking company in respect of which the winding up order has been made 3***, be prima facie evidence of the truth of all matters purporting to be therein recorded.
--------------------
1. Subs. by Act 55 of 1963, s. 22, for "proceedings by or against the banking company" (w.e.f. 1-2-1964)
2. Ins. by s. 22, ibid. (w.e.f. 1-2-1964)
3. The words, brackets and figures "before the commencement of the
Banking Companies (Amendment) Act, 1953" omitted by s. 22, ibid. (w.e.f.
1-2-1964)
Section 41 Preliminary report by official liquidator
Section 41A Notice to preferential claimants and secured and unsecured creditors
Section 42 Power to dispense with meetings of creditors
Section 43 Booked depositors credits to be deemed proved
Section 43A Preferential payments to depositors
Section 44 Powers of High Court in voluntary winding up
Section 44A Procedure for amalgamation of banking companies
Section 44B Restriction on compromise or arrangement between banking company and creditors
Section 45A Part IIIA to override other laws
Section 45B Power of High Court to decide all claims in respect of banking companies
Section 45C Transfer of pending proceedings
Section 45D Settlement of list of debtors
Section 45E Special provisions to make calls on contributories
Section 45F Documents of banking company to be evidence
Section 45G Public examination of directors and auditors
Section 45H Special provisions for assessing damages against delinquent directors, etc