Section 78
Application May Be Filed Before The Court For Mandatory Liquidation Of Banks Or Financial Institutions
(1) The Rastra Bank may file an application to the court for mandatory liquidation of any bank or financial institution under this Chapter and a notice of application of such action shall be published in a daily newspaper of national level.
(2) The Rastra Bank shall attach the following documents along with the application filed before the court for initiation of the process of liquidation of any bank or financial institution pursuant to Sub-Section (1):-
a. Details along with the reasons for mandatory liquidation of the bank or financial institution that the situation referred to in Section 79 is continue to persist,
b. Financial statement of the bank or financial institution.
(3) Notwithstanding anything contained in Sub-Section (1), any of the following persons may, with the prior approval of the Rastra Bank, file an application to the court for liquidation that there exists a situation specifying the reasons to show the situation that a bank or financial institution may be subjected to mandatory liquidation pursuant to Section 79 :-
a. A joint application of the depositors having representation of more than twenty-five percent of the total deposit, who do not get the payment of the payable deposits or of more than one percent of the depositors, or
b. A person competent to file an application for mandatory liquidation according to the prevailing laws relating to insolvency.
(4) In cases where the court orders for initiation of the process of liquidation of a bank or financial institution based on the application referred to in Sub-Section (1) or (3), the process of mandatory liquidation of the bank or financial institution shall be commenced from the date of giving of such an order.
(2) The Rastra Bank shall attach the following documents along with the application filed before the court for initiation of the process of liquidation of any bank or financial institution pursuant to Sub-Section (1):-
a. Details along with the reasons for mandatory liquidation of the bank or financial institution that the situation referred to in Section 79 is continue to persist,
b. Financial statement of the bank or financial institution.
(3) Notwithstanding anything contained in Sub-Section (1), any of the following persons may, with the prior approval of the Rastra Bank, file an application to the court for liquidation that there exists a situation specifying the reasons to show the situation that a bank or financial institution may be subjected to mandatory liquidation pursuant to Section 79 :-
a. A joint application of the depositors having representation of more than twenty-five percent of the total deposit, who do not get the payment of the payable deposits or of more than one percent of the depositors, or
b. A person competent to file an application for mandatory liquidation according to the prevailing laws relating to insolvency.
(4) In cases where the court orders for initiation of the process of liquidation of a bank or financial institution based on the application referred to in Sub-Section (1) or (3), the process of mandatory liquidation of the bank or financial institution shall be commenced from the date of giving of such an order.