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      Question

      Under Section 19(4A), after service of summons, the

      defendant shall NOT transfer any secured asset without:
      A Giving 30 days' prior notice to the applicant bank Correct Answer Incorrect Answer
      B The prior approval of the Tribunal, which shall not be granted without notice to the applicant bank Correct Answer Incorrect Answer
      C First depositing 25% of the debt amount with the Recovery Officer Correct Answer Incorrect Answer
      D Obtaining a no-objection certificate from the relevant registrar of properties Correct Answer Incorrect Answer
      E The defendant is free to transfer assets in the ordinary course of business without any restrictions Correct Answer Incorrect Answer

      Solution

      Section 19(4A), inserted by the 2016 Amendment, provides that notwithstanding Section 65A of the Transfer of Property Act, 1882, the defendant on service of summons shall not transfer by way of sale, lease, or otherwise (except in the ordinary course of business) any assets over which security interest is created or other assets disclosed under Section 19(3A), without the prior approval of the Tribunal. The proviso mandates that the Tribunal shall not grant such approval without giving notice to the applicant bank to show cause. The defendant must also account for sale proceeds of secured assets sold in the ordinary course of business and deposit them in the account with the bank holding security interest.

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