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Home › Indian Laws › Banking Regulation Act, 1949 › Section 45E
Banking Regulation Act, 1949 · Section guide

Section 45E: Special provisions to make calls on contributories

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 45E — Special provisions to make calls on contributories. Enables the High Court to make calls on contributories in the accelerated banking-company winding-up. process rather than waiting for ordinary sequential company-law steps.

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

Enables the High Court to make calls on contributories in the accelerated banking-company winding-up process rather than waiting for ordinary sequential company-law steps.

Condition / limitation

How to read the provisionSection 45E: read the operative proposition with its defined terms and cross-references in the official Act.

Timing / amount / process

Boundary of the ruleDo not expand Section 45E by analogy; distinguish statutory text from stricter policy or later RBI requirements.

Professional application

Explain court calls on contributories and the conditions displacing ordinary procedure.

Evidence / working-paper checklist

  • Section 45E evidence: High Court/Central Government/RBI order initiating the process.
  • Section 45E evidence: liquidator/scheme records and creditor/debtor lists.
  • Section 45E evidence: service/publication and statutory-timeline evidence.
  • Section 45E 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 45E, avoid applying ordinary Companies Act procedure without the banking-specific override.
  • For Section 45E, avoid missing the special limitation or accelerated filing period.
  • For Section 45E, avoid treating a private scheme as effective before the statutory sanction/order.

Current-law source control

Source control: Section 45E 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 45E 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.