Section 7:
consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Conditions on which creditor may petition
(1) A creditor shall not be entitled to present a bankruptcy petition
against a debtor unless—
(a) the debt owing by the debtor to the petitioning creditor, or, if 2 or
more creditors join in the petition, the aggregate amount of debts
owing to the several petitioning creditors exceeds 3,000 rupees;
(b) the debt is a liquidated sum, payable either immediately or at
some certain future time;
(c) the act of bankruptcy on which the petition is grounded has
occurred within 3 months before the presentation of the petition;
(d) the debtor is domiciled in Mauritius or, within a year before the
date of the presentation of the petition, has ordinarily resided or
had a dwelling-house or place of business in Mauritius; or
(e) the debtor is a person who, though not himself personally within
Mauritius, carries on or within a year before the date of presentation of the petition has carried on business by an agent within
Mauritius and possesses assets in Mauritius.
(2) Where the petitioning creditor is a secured creditor, he shall, in his
petition, state that he is willing to give up his security for the benefit of the
creditors in the event of the debtor being adjudged bankrupt, or give an estimate of the value of his security and in the latter case he may be admitted
as a petitioning creditor to the extent of the balance of the debt due to him,
after deducting the value so estimated in the same manner as if he were an
unsecured creditor.
[S. 7 amended by Act 49 of 1984; Act 29 of 1990.]