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Banking Regulation Act, 1949 · Section guide

Section 42: Power to dispense with meetings of creditors, etc.

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 42 — Power to dispense with meetings of creditors, etc.. Allows the High Court to dispense with meetings of creditors/contributories where the special. Winding-up procedure makes a meeting unnecessary; court direction replaces ordinary company-law meeting mechanics.

Official statute linkedProvision-specific anatomyPractical case + evidence file
Official text: DFS consolidated Act

Statutory structure and provision map

This map is a provision-specific explanation, not a substitute for the exact statutory text.

Core statutory rule

Allows the High Court to dispense with meetings of creditors/contributories where the special winding-up procedure makes a meeting unnecessary.

Condition / limitation

court direction replaces ordinary company-law meeting mechanics.

Source and effective-date control

Apply the wording of Section 42 that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.

Professional application

Identify who may apply and the precise circumstances for dispensing with meetings.

Evidence / working-paper checklist

  • Section 42 evidence: High Court/Central Government/RBI order initiating the process.
  • Section 42 evidence: liquidator/scheme records and creditor/debtor lists.
  • Section 42 evidence: service/publication and statutory-timeline evidence.
  • Section 42 evidence: orders settling claims, calls, transfers, moratorium or amalgamation.

Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.

Common mistakes to avoid

  • For Section 42, avoid applying ordinary Companies Act procedure without the banking-specific override.
  • For Section 42, avoid missing the special limitation or accelerated filing period.
  • For Section 42, avoid treating a private scheme as effective before the statutory sanction/order.

Current-law source control

Source control: Section 42 is anchored to the official DFS consolidated text; later changes require separate Gazette verification.

Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 42 on the event date.

Disclaimer

This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.