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Section 16 - Banning of Unregulated Deposit Schemes Act, 2019
16. Attachment of property of mala fide transferees.-
(1) Where the Designated Court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached.
(2) Where the said transferee does not appear and show cause on the specified date or where the Designated Court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferred.
Related Sections
- Section 41: Act not to apply certain deposits
- Section 10: Information of business by deposit taker
- Section 32: Application of Code of Criminal Procedure, 1973 to proceedings before Designated Court
- Section 14: Application for confirmation of attachment and sale of property
- Section 5: Wrongful inducement in relation to Unregulated Deposit Schemes