Question

Section 43 of the Banking Regulation Act, 1949 provides a special evidentiary rule in winding-up proceedings. Under this section, every depositor of the banking company being wound up is deemed to have filed his claim for the amount shown in the banking company’s books as standing to his credit. What is the presumption that the High Court is required to make, and how may it be rebutted?

A The Court presumes all deposits to be fraudulent unless the depositor proves otherwise
B The Court presumes the books of account are inadmissible unless authenticated by the Reserve Bank
C The Court requires each depositor to appear and verify their claim within thirty days
D The Court presumes all entries to be false unless two directors attest to their accuracy
E The High Court shall presume such claims to have been proved, unless the official liquidator shows that there is reason for doubting the correctness of the amount
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