Banking Regulation Act, 1949
41. Preliminary report by official liquidator
Notwithstanding anything to the contrary
contained in section 455 of the Companies Act, 1956 (1 of 1956), where a
winding up order has been made in respect of a banking company whether before
or after the commencement of the Banking Companies (Second Amendment) Act, 1960
(37 of 1960), the official liquidator shall submit a preliminary report to the
High Court within two months from the date of the winding up order or where the
winding up order has been made before such commencement, within two months from
such commencement, giving the information required by that section so far as it
is available to him and also stating the amount of assets of the banking
company in cash which are in his custody or under his control on the date of
the report and the amount of its assets which are likely to be collected in
cash before the expiry of that period of two month s in order that such assets
may be applied speedily towards the making of preferential payments, under
section 530 of the companies Act, 1956, and in the discharge, as far as
possible, of the liabilities and obligations of the banking company to its
depositors and other creditors in accordance with the provisions hereinafter
contained; and the official liquidator shall make for the purposes aforesaid
every endeavor to collect in cash as much of the assets of the banking company
as practicable.