Section 41A:
Notice to preferential claimants and secured and unsecured creditors.
1[41A. Notice to preferential claimants and secured and unsecured creditors.--(1) Within fifteen
days from the date of the winding up order of a banking company or where the winding up order has
been made before the commencement of the Banking Companies (Second Amendment) Act, 1960 (37
of 1960), within one month from such commencement, the official liquidator shall, for the purpose of
making an estimate of the debts and liabilities of the banking company (other than its liabilities and
obligations to its depositors), by notice served in such manner as the Reserve Bank may direct, call
upon--
(a) every claimant entitled to preferential payment under section 530 of the Companies Act,
1956 (1 of 1956), and
(b) every secured and every unsecured creditor,
to send to the official liquidator within one month from the date of the service of the notice a statement
of the amount claimed by him.
(2) Every notice under sub-section (1) sent to a claimant having a claim under section 530 of the
Companies Act, 1956 (1 of 1956), shall state that if a statement of the claim is not sent to the official
liquidator before the expiry of the period of one month from the date of the service, the claim shall not
be treated as a claim entitled to be paid under section 530 of the Companies Act, 1956, in priority to all
other debts but shall be treated as an ordinary debt due by the banking company.
(3) Every notice under sub-section (1) sent to a secured creditor shall require him to value his
security before the expiry of the period of one month from the date of the service of the notice and shall
state that if a statement of the claim together with the valuation of the security is not sent to the official
liquidator before the expiry of the said period, then, the official liquidator shall himself value the
security and such valuation shall be binding on the creditor.
(4) If a claimant fails to comply with the notice sent to him under sub-section (1), his claim will not
be entitled to be paid under section 530 of the Companies Act, 1956 (1 of 1956), in priority to all other
debts but shall be treated as an ordinary debt due by the banking company; and if a secured creditor
fails to comply with the notice sent to him under sub-section (1), the official liquidator shall himself
value the security and such valuation shall be binding on the creditor.]
Notes:
1. Subs. by Act 37 of 1960, s. 3, for s. 41.