Associate
350 Points
Joined October 2011
Agreed to the answers given by Mr. Nilugal and Mr. Surana.
However, 'Preferential Creditors' was term in old English Bankruptcy Law. Under the Section 326 (Overriding Preferential Payments.) and Section 327 (Preferential Payments) of the Companies Act, 2013 has provided as to which creditors of the Company and the sequence as to who will get paid in priority in a case when Company becomes insolvent or bankrupt and admitted to the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016 for the same.
Reproduction of some part of the Section 326 of the Companies Act, 2013 for your reference.
In the winding up of a company under this Act, the following debts shall be paid in priority to all other debts:—
(a) workmen's dues; and
(b) where a secured creditor has realised a secured asset, so much of the debts due to such secured creditor as could not be realised by him or the amount of the workmen's portion in his security (if payable under the law), whichever is
less, pari passu with the workmen's dues:
For the further information, kindly let us know.
Thank You.