IBC 177 — Claims of creditors

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) A creditor who has not proved his debt before the declaration of any dividend  is  not  entitled  to  disturb,  by  reason  that  he  has  not  participated  in  it,  the  distribution  of  that dividend or any other dividend declared before his debt was proved, but—
(a) when he has proved the debt, he shall be entitled to be paid any dividend or dividends which he has failed to receive, out of any money for the time being available for the payment of any further dividend; and (b)  any  dividend  or  dividends  payable  to  him  shall  be  paid  before  that  money  is  applied  to  the payment of any such further dividend.
(2)  No  action shall  lie  against  the  bankruptcy  trustee  for  a  dividend,  but  if  the  bankruptcy  trustee refuses to pay a dividend payable under sub-section (1), the Adjudicating Authority may order him to—
(a) pay the dividend; and Final dividend.
(b) pay, out of his own money—
(i) interest on the dividend; and (ii) the costs of the proceedings in which the order to pay has been made.

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