Secured creditor rights: option to relinquish to liquidation or independently realise security after liquidator verification. Secured creditors in liquidation may either relinquish security to the liquidation estate for distribution by the liquidator or remain outside the liquidation and realise their security after notifying the liquidator. The liquidator must verify security interests by information utility records or Board specified means before permitting enforcement. Secured creditors may enforce or settle secured assets under applicable law, must account for any surplus to the liquidator, and insolvency resolution costs are deductible from proceeds. Obstruction of enforcement may be remedied by application to the Adjudicating Authority.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Secured creditor rights: option to relinquish to liquidation or independently realise security after liquidator verification.
Secured creditors in liquidation may either relinquish security to the liquidation estate for distribution by the liquidator or remain outside the liquidation and realise their security after notifying the liquidator. The liquidator must verify security interests by information utility records or Board specified means before permitting enforcement. Secured creditors may enforce or settle secured assets under applicable law, must account for any surplus to the liquidator, and insolvency resolution costs are deductible from proceeds. Obstruction of enforcement may be remedied by application to the Adjudicating Authority.
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