44B.
Restriction on compromise or arrangement between banking company
and creditors. —(1) Notwithstanding anything
contained in any law for the time being in force, no High
Court shall sanction a compromise or arrangement between a
banking company and its creditors or any class of them or
between such company and its members or any class of them
or sanction any modification in any such compromise or arrangement
unless the compromise or arrangement or modification, as the
case may be, is certified by the Reserve Bank in writing as
not being incapable of being worked and as not being detrimental
to the interests of the depositors of such banking company.
(2) Where an application under section 39 of the Companies
Act, 1956 (1 of 1956), is made in respect of a banking company,
the High Court may direct the Reserve Bank to make an inquiry
in relation to the affairs of the banking company and the
conduct of its directors and when such direction is given,
the Reserve Bank shall make such inquiry and submit its report
to the High Court.
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