The Presidency-Towns Insolvency Act, 1909

Section 17. Effect of order of adjudication

In force · As amended up to 2026-08

17. Effect of order of adjudication.-- On the making of an order of adjudication, the property of the insolvent wherever situate shall vest in the official assignee and shall become divisible among his creditors, and thereafter, except as directed by this Act, no creditor to whom the insolvent is indebted in respect of any debt provable in insolvency shall, during the pendency of the insolvency proceedings, have any remedy against the property of the insolvent in respect of the debt or shall commence any suit or other legal proceeding except with the leave of the Court and on such terms as the Court may impose: Provided that this section shall not affect the power of any secured creditor to realize or otherwise deal with his security in the same manner as he would have been entitled to realize or deal with it if this section had not been passed. 17. Instrument of proxy.-- Every instrument of proxy shall be in the prescribed form and shall be issued by the official assignee. 17. Limit of receipt.-- Subject to the provisions of rule 12, a creditor shall in no case receive more than sixteen annas in the rupee and interest as provided by this Act. Taking Accounts of property mortgaged, and of the sale thereof

Source: India Code