Banking Regulation Act, 1949
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 certificate to such other court in writing the amount remaining due or
relief remaining unforced 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 248[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, certificate
under this signature specifying the amount so due and the person by whom it is
payable.]
(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.