Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 40] [Section 529] [Entire Act]

Union of India - Subsection

Section 529(2) in The Companies Act, 1956

(2)All persons who in any such case would be entitled to prove for and receive dividends out of the assets of the company, may come in under the winding up, and make such claims against the company as they respectively are entitled to make by virtue of this section:[Provided that if a secured creditor instead of relinquishing his security and proving for his debts proceeds to realise his security, he shall be liable to [pay his portion of the expenses] [ Inserted by Act 65 of 1960, Section 183 (w.e.f. 28.12.1960).][incurred by the Liquidator (including a provisional Liquidator, if any) for the preservation of the security before its realization by the secured creditor.] [ Inserted by Act 65 of 1960, Section 183 (w.e.f. 28.12.1960).][ Explanation .-For the purposes of this proviso, the portion of expenses incurred by the Liquidator for the preservation of a security which the secured creditor shall be liable to pay shall be the whole of the expenses less an amount which bears to such expenses the same proportion as the workmen's portion in relation to the security bears to the value of the security.] [ Inserted by Act 35 of 1985, Section 4 (w.e.f. 24.5.1985).]