CS Professional · Banking and Insurance - Laws and Practice · Control over Organization of Banks
The Central Government ordered a moratorium on Sagar Bank Ltd for 2 months and later extended it twice by 2 months each. A further extension of 1 month is now proposed. Under Section 45, what is the position?
The extension is not allowed. Six months have already run (2+2+2), and Section 45(2) caps the total moratorium period at six months, though it permits extensions from time to time within that cap.
- AAllowed, because the total would be 7 months and extensions are unlimited
- BAllowed only with Parliament's approval
- CNot allowed, because the total period of moratorium cannot exceed six monthsCorrect
- DNot allowed, because only one extension is permitted
Explanation
Elapsed period is 2+2+2 = 6 months. Section 45(2) permits extensions from time to time but the total moratorium cannot exceed six months, so even 1 more month would exceed the cap. The number of extensions is not limited.
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