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Form 02

A creditor, A.B., has filed a petition in court to have a debtor, C.D., declared insolvent. A.B. claims that C.D. owes them money totaling Rs. [amount] as detailed in an attached schedule. The debts consist of advances made by A.B. to C.D. on promissory notes and decrees from a small causes court, and C.D. has failed to make payments despite repeated demands. One of the debts is from a decree where C.D.'s movable property is currently under attachment, which A.B. claims is an act of insolvency under the Provincial Insolvency Act. A.B.

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254 views

Form 02

A creditor, A.B., has filed a petition in court to have a debtor, C.D., declared insolvent. A.B. claims that C.D. owes them money totaling Rs. [amount] as detailed in an attached schedule. The debts consist of advances made by A.B. to C.D. on promissory notes and decrees from a small causes court, and C.D. has failed to make payments despite repeated demands. One of the debts is from a decree where C.D.'s movable property is currently under attachment, which A.B. claims is an act of insolvency under the Provincial Insolvency Act. A.B.

Uploaded by

Sathya Mandya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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No.

2
Petition by a Creditor to have a Person
Declared an Insolvent
IN THE COURT OF . . . . . . . . . . . . . . .
Insolvency Petition No. . . . . . . . . . . of 20 . . . .
A. B., aged. . . . . . . .years, son of. . . . . . . . . . . . ., resident of. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Creditor-Applicant;
Versus
C. D., aged . . . . . . . . years, son of . . . . . . . . . . . . ., resident of . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . Debtor-Opposite Party.
In the matter of the Provincial Insolvency
Act and the matter of the insolvency of
. . . . . . . . . . . . . . . . . . . . abovenamed.
The humble petition of the Creditor-Applicant, abovenamed under the provisions of
Section 7 of the Provincial Insolvency Act most respectfully sheweth:
1. That the abovenamed C. D. (Debtor-Opposite Party) is indebted to your applicant and
the aggregate amount of debts owing to your applicant amount to Rs. . . . . . . . ., detail
whereof is given in the Schedule hereto.
2. That the debts aforesaid consist of advances made by your applicant to the opposite
party on the security of pronotes, payment at sight and repeated demands for the liquidation
of which have received no response from the said opposite party.
3. That one of the aforesaid debts consist of a simple money decree of the Court of the
Judge, Small Causes at . . . . . . . . (or Suit No. . . . . . . . . . of . . . . . . . . ., decided
on . . . . . . . .), which said decree was put in execution and the movable property of the
Debtor-Opposite Party is under attachment in Ex. Case No. . . . . . . . . of . . . . . . . ., of the
said Court.
4. That the above subsisting attachment is an act of insolvency within the meaning of
Section 6 of the Provincial Insolvency Act.
Wherefore your applicant prays that this Court may be pleased to adjudge the said
Debtor-Opposite Party an insolvent.
Dated. . . . . . . . . . ........................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
................................................................................................................................... Sd. A. B.
VERIFICATION
I, A. B., the abovenamed creditor-applicant hereby at . . . . . . . . . . . . . . . ., verify that the
contents of Paras . . . . . . . . . . . of the above petition are true to my knowledge and that the
contents of Paras . . . . . . . . . . .of the same petition are believed by me to be correct.
Signed, dated and verified at. . . . . . this day of . . . . . . .20. . . . .
SCHEDULE A: (Debts)...............................................................................................................
......................................................................................................................................................
......................................................................................................................................................
.......................................................................................................................................Sd. A. B.

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