When Secured Creditor proceeds to realize Security Interest, it is his duty to ask the liquidator for an estimated amount as provided in Liquidation Process Regulation 21A – Phoenix ARC Pvt. Ltd. Vs. Mr. Kuldeep Verma Liquidator of KS Oils Ltd. – NCLT Allahabad Bench

In this case, following issues arises for consideration: i. where the amount payable by the secured creditor under sub-Regulation (2)(a), is not certain, whether liquidator is mandated to inform the secured creditor the estimated amount; ii. if liquidator has not informed the estimated amount, whether provision of sub-Regulation (3) would apply or not? iii. Whether first proviso is an exception to sub-Regulation (2) which mandates the secured creditor to pay the amount within 90 days.

Scroll to Top