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PART IIIA SPECIAL PROVISIONS FOR SPEEDY DISPOSAL OF WINDING UP PROCEEDINGS

Section 45F: Documents of banking company to be evidence

The Banking Regulation Act, 1949

(1) Entries in the books of account or other documents of a banking company which is being wound up shall be admitted in evidence in all 1[legal proceedings]; and all such entries may be proved either by the production of the books of account or other documents of the banking company containing such entries or by the production of a copy of the entries, certified by the official liquidator under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the books of account or other documents of the banking company in his possession.

(2) Notwithstanding anything to the contrary contained in the Indian Evidence Act, 1872 (1 of 1872) all such entries in the books of account or other documents of a banking company shall, as against the directors 2[officers and other employees] of the banking company in respect of which the winding up order has been made 3***, be prima facie evidence of the truth of all matters purporting to be therein recorded.

Footnotes in the official text

  1. 1.Subs. by Act 55 of 1963, s. 22, for “proceedings by or against the banking company” (w.e.f. 1-2-1964).
  2. 2.Ins. by s. 22, ibid. (w.e.f. 1-2-1964).
  3. 3.The words, brackets and figures “before the commencement of the Banking Companies (Amendment) Act, 1953” omitted by s. 22, ibid. (w.e.f. 1-2-1964).

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