Section 18:
Powers of Designated Court.
(1) The Designated Court shall exercise the following
powers, namely:—
(a) power to approve the statement of dues of the deposit taker due from various debtors;
(b) power to assess the value of the assets of the deposit taker and finalise the list of the
depositors and their respective dues;
(c) power to direct the Competent Authority to take possession of any assets belonging to or in
the control of the deposit taker and to sell, transfer or realise the attached assets, either by public
auction or by private sale as it deems fit depending upon the nature of assets and credit the sale
proceeds thereof to its bank account;
(d) power to approve the necessary expenditure to be incurred by the Competent Authority for
taking possession and realisation of the assets of the deposit taker;
(e) power to pass an order for full payment to the depositors by the Competent Authority or an
order for proportionate payment to the depositors in the event, the money so realised is not
sufficient to meet the entire deposit liability;
(f) power to direct any person, who has made profit or averted loss by indulging in any
transaction or activity in contravention of the provisions of this Act, to disgorge an amount
equivalent to the wrongful gain made or loss averted by such contravention; and
(g) power to pass any other order which the Designated Court deems fit for realisation of assets
of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any
other matter or issue incidental thereto.
(2) On the application of any person interested in any property attached and vested in the
Competent Authority under this Act and after giving such Competent Authority an opportunity of
being heard, make such order as the Designated Court considers just and reasonable for—
(a) providing from such of the property attached and vested in the Competent Authority as the
applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of
the applicant and of his family, and for expenses connected with the defence of the applicant where
criminal proceedings have been initiated against him in the Designated Court under this Act; or
(b) safeguarding, so far as may be practicable, the interest of any business affected by the
attachment.
Explanation.—For the purposes of this section, the expression “deposit taker” includes the
directors, promoters, managers or members of said establishment or any other person whose
property or assets have been attached under this Act.
Notes: