Section 321 The Companies Act, 2013

Section 321 The Companies Act, 2013

Arrangement When Binding on Company and Creditors

[Omitted]

Amendment

1. (a) Omitted by Insolvency and Bankruptcy Code, 2016 Dated 15th November, 2016 – Original Content

(b) The MCA Notification No. F.O. 3453(E) Dated 15th November, 2016, enforcing the related sections of Insolvency and Bankruptcy Code, 2016.

Original Omitted Content– 321. (1) Any arrangement other than the arrangement referred to in section 319 entered into between the company which is about to be, or is in the course of being wound up and its creditors shall be binding on the company and on the creditors if it is sanctioned by a special resolution of the company and acceded to by the creditors who hold three-fourths in value of the total amount due to all the creditors of the company.

(2) Any creditor or contributory may, within three weeks from the completion of the arrangement, apply to the Tribunal and the Tribunal may thereupon amend, vary, confirm or set aside the arrangement.