Companies Act, 2017 — section 63

63. Issue of debentures..—(1) A company may issue different kinds of debentures having different classes, rights and privileges as may be specified.

(2)The rights, privileges and the procedure, for securing the issue of debentures, the form of debenture trust deed, the procedure for the debenture holders to inspect the trust deed and to obtain a copy thereof shall be such as may be specified. 64. Payment of certain debts out of assets subject to floating charge in priority to claims under the charge.—(1) Where either a receiver is appointed on behalf of the holders of any debentures of a company secured by a floating charge, or possession is taken by or on behalf of these debenture holders of any property comprised in or subject to the charge, then, if the company is not at the time in course of being wound up, the debts which in every winding up are under the provisions of Part- X relating to preferential payments to be paid in priority to all other debts, shall be paid forthwith out of any assets coming to the hands of the receiver or other person taking possession as aforesaid in priority to any claim for principal or interest in respect of the debentures. 1 Subs. by Act No. XXXVII of 2021, s.9.

(2)The periods of time mentioned in the said provisions of Part-X shall be reckoned from the date of the appointment of the receiver or of possession being taken as aforesaid, as the case may be.

(3)Any payments made under sub-section (1) shall be recouped, as far as may be, out of the assets of the company available for payment of general creditors.