Section 10:
Transfer of undertaking of existing banks to new banks.
(1) Subject to the other
provisions contained in this Act, when a new bank is constituted, the undertaking of the corresponding
bank shall stand transferred to, and vest in, the new bank.
(2) The undertaking of the corresponding bank referred to in sub-section (1) shall be deemed to
include all rights, powers, authorities and privileges and all property, movable and immovable,
including cash balances, reserve funds, investments and all other interests and rights in, or arising out
of, such property and all books, accounts and documents relating thereto as may be in the possession
of that bank immediately before the appointed day, and shall also be deemed to include all debts,
liabilities and obligations of whatever kind, then existing of that bank.
(3) Without prejudice to the other provisions contained in this Act, all contracts, deeds, bonds,
agreements, powers of attorney, grants of legal representation and other instruments of whatever
nature, subsisting or having effect immediately before the appointed day and to which any existing
banks is a party, or which are in favour of that bank, shall be of full force and effect against or in favour of the corresponding new bank, as the case may be, and may be enforced or acted upon as fully
and effectually as if instead of the existing bank the corresponding new bank had been a party thereto
or as if they had been issued in favour of the corresponding new bank.
(4) If, on the appointed day, any suit, appeal or other legal proceeding of whatever nature by or
against an existing bank is pending, the same shall not abate, be discontinued or be in any way
prejudicially affected by reason of transfer to the corresponding new bank of the undertaking of the
existing bank, or of anything contained in this Act, but the suit, appeal or other proceeding may be
continued, prosecuted and enforced by or against the corresponding new bank.