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As enacted
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Part V · Winding Up of Licensed Bank

73. Prohibition in regard to court proceedings against licensed bank subject to winding up

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where the winding up proceedings on a licensed bank are initiated pursuant to a winding up order, any court proceeding against such licensed bank shall not be commenced, and all court proceedings pending against such licensed bank shall be stayed forthwith, with the leave of the court and subject to such terms as the court may impose.

(2)

In pursuance of the winding up order, any creditor other than a secured creditor shall not have the right to execute any of his personal right, title or interest against the licensed bank subject to winding up or impose any other restraints on the assets thereof.

(3)

All attachments placed, and acts of execution performed on the assets of the licensed bank subject to winding up after the date of coming into effect of the winding up order, shall be void, except for realization of assets encumbered by a mortgage or lien, to the extent of the debt secured by such assets.

(4)

Any interest or other charge shall not accrue on liabilities of a licensed bank on or after the date of coming into effect of the winding up order.