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      Question

      Under Section 19(22A), a recovery certificate issued by

      the Presiding Officer is deemed to be a decree or order of a court for which of the following purposes?
      A For execution through any civil court having territorial jurisdiction Correct Answer Incorrect Answer
      B For filing a writ petition in the High Court against the debtor Correct Answer Incorrect Answer
      C For initiation of winding up proceedings against a company or LLP, or insolvency proceedings against an individual or partnership firm Correct Answer Incorrect Answer
      D For registration of charge over properties of the defendant Correct Answer Incorrect Answer
      E For appointment of a liquidator by the National Company Law Tribunal Correct Answer Incorrect Answer

      Solution

      Section 19(22A), inserted by the 2016 Amendment, provides that any recovery certificate issued by the Presiding Officer under Section 19(22) shall be deemed to be a decree or order of the Court for purposes of: (i) initiation of winding up proceedings against a company registered under the Companies Act, 2013; (ii) winding up of a Limited Liability Partnership registered under the LLP Act, 2008; or (iii) insolvency proceedings against any individual or partnership firm under any law in force. This provision significantly strengthens the enforcement machinery - a DRT recovery certificate can directly trigger insolvency/winding-up proceedings without a fresh court suit.

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