Relinquishment of security interest rules require timely intimation, liquidation payments, and compliance before assets enter the liquidation estate. A secured creditor must inform the liquidator, within the prescribed period and in the notified format, whether it will relinquish its security interest to the liquidation estate or realise the security interest. If no intimation is made within that time, the covered assets are deemed relinquished to the liquidation estate. Where the creditor chooses to realise the security interest, it must remit the amount it would have shared under the liquidation waterfall and the excess realised value over the admitted claim within the specified periods, subject to adjustment if the payable amount is initially uncertain. Non-compliance causes the asset to become part of the liquidation estate.
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Provisions expressly mentioned in the judgment/order text.
Relinquishment of security interest rules require timely intimation, liquidation payments, and compliance before assets enter the liquidation estate.
A secured creditor must inform the liquidator, within the prescribed period and in the notified format, whether it will relinquish its security interest to the liquidation estate or realise the security interest. If no intimation is made within that time, the covered assets are deemed relinquished to the liquidation estate. Where the creditor chooses to realise the security interest, it must remit the amount it would have shared under the liquidation waterfall and the excess realised value over the admitted claim within the specified periods, subject to adjustment if the payable amount is initially uncertain. Non-compliance causes the asset to become part of the liquidation estate.
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