Section 9: Hearing of creditor’s petition
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.
9. Hearing of creditor’s petition
(1) At the hearing of the petition, the Court shall require proof of the
debt of the petitioning creditor, of the service of the petition, of the trading
of the debtor, and of the act of bankruptcy, or, if more than one act of bankruptcy is alleged in the petition, of someone of the alleged acts of bankruptcy, and if satisfied with such proof, shall make a receiving order for the
protection of the debtor’s estate.
(2) The Court may adjourn the hearing of the petition, either conditionally
or unconditionally, for obtaining further evidence, or for any other just cause,
or may dismiss the petition with or without costs, as the Court thinks just.
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Revised Laws of Mauritius
(3) Where there are more respondents than one to the petition, the Court
may dismiss the petition as to one or more of them, and may order the case
to be proceeded with against the other or others of them.
(4) Where the debtor appears on the petition, and denies that he is indebted to the petitioner, or that he is indebted to such amount as would justify the petitioner in presenting a bankruptcy petition against him, the Court
shall have jurisdiction for the trial of the question relating to such debt, subject to an appeal before the Supreme Court as provided in section 104.