Chapter-4 Restructuring Scheme of Company

Section 30: Not to affect the right of owner of any property or of any lessor

Estimated reading: 1 minute 24 views

1) No restructuring program adopted by a meeting of creditors and approved by the Court pursuant to this Chapter shall, except on the following condition, prevent the owner of any property used or possessed or owned by the company or the lessor of such property if it has been leased from executing the right to such property or returning the same:

(a) Where the owner or lessor of such property votes in favour of such program or otherwise gives his or her consent in writing that such program will be acceptable to him or her, or
(b) Where the Court orders that the program shall be binding to the owner or lessor of such property.

2) The Court may, if it is satisfied with the following matters, issue the order referred to in Clause (b) of sub-section (1):

(a) Where the owner or lessor of such property gets back that property, it may substantially prejudice the achievements to be made from the implementation of the restructuring program,

(b) Where such restructuring program adequately protects that property and the right of the owner or lessor of such property.

Share this Law

Section 30: Not to affect the right of owner of any property or of any lessor

Or copy link

Discover Nepal's laws effortlessly. Our user-friendly platform simplifies legal understanding and accessibility, serving individuals throughout the country.