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

Section 45K: High Court power to enforce schemes of arrangements, etc.

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 45K — High Court power to enforce schemes of arrangements, etc.. Allows the High Court to enforce a scheme of arrangement and related. Obligations in the banking context, giving the scheme judicial enforceability beyond ordinary contractual remedies.

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 enforce a scheme of arrangement and related obligations in the banking context, giving the scheme judicial enforceability beyond ordinary contractual remedies.

Condition / limitation

How to read the provisionSection 45K: 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 45K by analogy; distinguish statutory text from stricter policy or later RBI requirements.

Professional application

Explain jurisdiction to enforce arrangements, applications and consequential directions.

Evidence / working-paper checklist

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

Related sections inside the Act

Section 45I — Duty of directors and officers to assist in realisation of propertySection 45J — Special provisions for punishing offences in winding upSection 45L — Public examination under schemes of arrangementSection 45M — Special provisions for banking companies working under schemes of arrangement

Use these links to read Section 45K in its statutory sequence, especially where the provision imports definitions, approvals, appeals, penalties or winding-up consequences from neighbouring sections.

Current-law source control

Source control: Section 45K 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 45K 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.