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[Cites 0, Cited by 0] [Section 18] [Entire Act]

Union of India - Subsection

Section 18(1) in Banning of Unregulated Deposit Schemes Act, 2019

(1)The Designated Court shall exercise the following powers, namely: -
(a)power to approve the statement of dues of the deposit taker due from various debtors;
(b)power to assess the value of the assets of the deposit taker and finalise the list of the depositors and their respective dues;
(c)power to direct the Competent Authority to take possession of any assets belonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account;
(d)power to approve the necessary expenditure to be incurred by the Competent Authority for taking possession and realisation of the assets of the deposit taker;
(e)power to pass an order for full payment to the depositors by the Competent Authority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability;
(f)power to direct any person, who has made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention; and
(g)power to pass any other order which the Designated Court deems fit for realisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto.