Section 85: Receiver dealing with claims
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
85. Receiver dealing with claims
(1) Within 60 days after the last day specified in the notice for the filing
of claims, the receiver shall—
(a) reject any claim where it doubts the validity thereof;
(b) determine the amount, if any, owing to each known depositor or
other creditor and the priority class of his claim under this Part;
(c) prepare for filing with the Bankruptcy Court a schedule of the
steps proposed to be taken; and
(d) notify each person whose claim has not been allowed in full and
publish once a week for 3 consecutive weeks, in a newspaper of
general circulation approved by the Bankruptcy Court, a notice of
the date and place where the schedule of the steps it proposes to
take will be available for inspection, and the date, which shall be
not less than 30 days from the date of the third publication in
the newspaper, on which the receiver shall file the schedule with
the Bankruptcy Court.
(2) Within 20 days after the filing of the schedule specified in subsection (1) (c), any depositor, other creditor or shareholder, and any other interested party may file with the receiver an objection to any step proposed.
(3) Any objection filed under subsection (2) shall be considered by the
Bankruptcy Court upon such notice to the receiver, and any interested parties as the Court may designate.
(4) Where an objection is sustained, the Bankruptcy Court shall direct
that an appropriate modification of the schedule be made.
[Issue 7] B3 – 58
Revised Laws of Mauritius
(5) After filing the schedule, the receiver may make partial distribution to
the holders of claims which are undisputed or which have been allowed by
the Bankruptcy Court, on condition that a proper reserve is established for
the payment of disputed claims.
(6) After all objections have been decided upon, the receiver shall make
final distribution.
(S. 85 came into operation on 1 June 2007.)
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Questions this section answers
- Can I object if a receiver rejects my claim against a failed bank?