Question

Under Section 21(2) of the DICGC Act, 1961, when Bank W's liquidation concludes, the Official Liquidator recovers ₹50 crores from the bank's assets. Outstanding liabilities include: (i) DICGC insurance payment (already made): ₹40 crores; (ii) Dues to Reserve Bank (advances): ₹8 crores; (iii) Preferential creditors (employees, secured creditors): ₹10 crores. In what order must the Liquidator distribute the ₹50 crore recovery?

A Reserve Bank first (₹8 crores), then preferential creditors (₹10 crores), then DICGC repayment (₹40 crores) in order of statutory preference
B DICGC repayment (₹40 crores) must be made first, taking priority over all other creditors including preferential creditors, as mandated by Section 21(2)
C Preferential creditors (₹10 crores) first, then Reserve Bank (₹8 crores), then DICGC (₹40 crores) following traditional bankruptcy priority
D Proportional distribution: each creditor receives 50÷58 = 86.2% of their claim, distributed equally irrespective of statutory priority
E DICGC repayment is optional; the Liquidator may exercise discretion to prioritize other liabilities based on operational needs
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