juris

Section 7:

Bankruptcy Act · PART I: PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE

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.]

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