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Banking Regulation Act, 1949 · Chapter III: Suspension of Business and Winding Up of Banking Companies

Section 44B: Restriction on compromise or arrangement between banking company and creditors

[[44B.] Restriction on compromise or arrangement between banking company and creditors.— [(1)] Notwithstanding anything contained in any law for the time being in force, no [High [High Court] shall sanction a compromise or arrangement between a banking company and its creditors or any class of them or between such company and its members or any class of them [or sanction any modification in any such compromise or arrangement unless the compromise or arrangement or modification, as the case may be,] is certified by the Reserve Bank [in writing as not being incapable of being worked and as not being detrimental to the interests of the depositors of such banking company].]

[(2) Where an application under [section 391 of the Companies Act, 1956 (1 of 1956)] is made in respect of a banking company, the High Court may direct the Reserve Bank to make an inquiry in relation to the affairs of the banking company and the conduct of its directors and when such a direction is given, the Reserve Bank shall make such inquiry and submit its report to the High Court.]

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 44B

No Supreme Court judgment in our database cites this section yet.