Section 26: Arrest of debtor

26. Arrest of debtor (1) (a) The Court may, by warrant addressed to any constable or prescribed officer of the Court, cause a debtor to be arrested, and any books, papers, money, and goods in his possession to be seized and to be safely kept in such places and until such time as the Court may order under the following circumstances— (i) where, after a bankruptcy notice has been issued under this Act or after presentation of a bankruptcy petition by or against him, it appears to the Court that there is probable reason for believing that he has committed any offence punishable under this Act or that he is about to abscond with a view to avoiding payment of the debt, in respect of which the bankruptcy notice was issued, or of avoiding service of a bankruptcy petition or of avoiding appearance to any such petition, or of avoiding examination in respect of his affairs, or of otherwise avoiding, delaying, or embarrassing proceedings in bankruptcy against him; (ii) where, after presentation of a bankruptcy petition by or against him, it appears to the Court that there is probable cause for believing that he is about to remove his goods with a view to preventing or delaying possession being taken of them by the Official Receiver or trustee, or that there is probable ground for believing that he has concealed or is about to conceal or destroy any of his goods or any books, documents, or writings, which might be of use to his creditors in the course of his bankruptcy; (iii) where, after service of a bankruptcy petition on him, or after a receiving order is made against him, he removes any goods in his possession above the value of 50 rupees without the leave of the Official Receiver or trustee; (iv) where, without good cause shown, he fails to attend any examination ordered by the Court. (b) No arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest shall be served with such bankruptcy notice. (2) The Court may, at any time after the arrest of the debtor, order his release on his furnishing security to the satisfaction of the Court not to quit Mauritius without the leave of the Court. (3) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Act relating to fraudulent preferences. B4 – 15 [Issue 1] Bankruptcy Act