IBC 67 — Proceedings under section 66

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Where the Adjudicating Authority has passed an order under sub-section (1) or sub-section (2) of section 66, as the case may be, it may give such further directions as it  may  deem  appropriate  for  giving  effect  to  the  order,  and  in  particular,  the  Adjudicating  Authority may—
(a) provide for the liability of any person under the order to be a charge on any debt or obligation due from the corporate debtor to him, or on any mortgage or charge or any interest in a mortgage or charge on assets of the corporate debtor held by or vested in him, or any person on his behalf, or any person claiming as assignee from or through the person liable or any person acting on his behalf; and (b) from time to time, make such further directions as may be necessary for enforcing any charge imposed under this section.
Explanation.—For  the  purposes  of  this  section, “assignee” includes  a  person  to  whom  or  in  whose favour,  by  the  directions  of  the  person  held  liable  under  clause  (a)  the  debt,  obligation,  mortgage  or charge  was  created,  issued  or  transferred  or  the  interest  created,  but  does  not  include  an  assignee  for valuable  consideration  given  in  good  faith  and  without  notice  of  any  of  the  grounds  on  which  the directions have been made.
(2) Where the Adjudicating Authority has passed an order under sub-section (1) or sub-section (2) of section 66, as the case may be, in relation to a person who is a creditor of the corporate debtor, it may, by an order, direct that the whole or any part of any debt owed by the corporate debtor to that person and any interest thereon shall rank in the order of priority of payment under section 53 after all other debts owed by the corporate debtor.

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