45TEnforcement of orders and decisions of High Court
1[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 2[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].
3[(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.]]
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1. Subs. by Act 52 of 1953, s. 10, for Part IIIA (w.e.f. 30-12-1953).
270 Subs. s. 24, ibid., for "in the same manner as an arrear of land revenue" (w.e.f. 1-2- 1964).
271 Ins. by s. 24, ibid. (w.e.f. 1-2-1964).
- 45A Part IIIA to override other laws
- 45B Power of High Court to decide all claims in respect of banking companies
- 45C Transfer of pending proceedings
- 45D Settlement of list of debtors
- 45E Special provisions to make calls on contributories
- 45F Documents of banking company to be evidence
- 45G Public examination of directors and auditors
- 45H Special provisions for assessing damages against delinquent directors, et
- 45-I Duty of directors and officers of banking company to assist in the realisation of property
- 45J Special provisions for punishing offences in relation to banking companies being wound up
- 45K Omitted
- 45L Public examination of directors and auditors, etc., in respect of a banking company under schemes of arrangemen
- 45M Special provisions for banking companies working under schemes of arrangement at the commencement of the Amendment Act
- 45N Appeals
- 45-O Special period of limitatio
- 45P Reserve Bank to tender advice in winding up proceeding
- 45Q Power to Inspec
- 45R Power to call for returns and informatio
- 45S Chief Presidency Magistrate and District Magistrate to assist official liquidator in taking charge of property of banking company being wound up
- 45T Enforcement of orders and decisions of High Court
- 45U Power of High Court to make rules
- 45V References to directors, etc., shall be construed as including references to past directors, etc
- 45W Part II not to apply to banking companies being wound u
- 45X Validation of certain proceedings