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

Section 45U: Power of High Court to make rules

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 45U — Power of High Court to make rules. Empowers the High Court to make procedural rules for the special winding-up provisions, including. Debtor-list inquiries and related court procedure.

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

Empowers the High Court to make procedural rules for the special winding-up provisions, including debtor-list inquiries and related court procedure.

Condition / limitation

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

Professional application

List rule-making subjects, procedure and relation to the governing High Court rules.

Evidence / working-paper checklist

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

Related sections inside the Act

Section 45S — Magistrate to assist official liquidator in taking charge of propertySection 45T — Enforcement of High Court orders and decisionsSection 45V — References to directors, etc. include past directors, etc.Section 45W — Part II not to apply to banking companies being wound up

Use these links to read Section 45U 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 45U 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 45U 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.