Section 210: Order to enforce receiver’s duties

210. Order to enforce receiver’s duties (1) An application for an order under this section may be made by— (a) the Registrar of Companies; (b) a receiver; (c) a person seeking appointment as a receiver; (d) the chargor; (e) the chargee; (f) a person with interest in the property in receivership; [Issue 3] I14 – 122 Revised Laws of Mauritius (g) a creditor of the chargor; (h) a guarantor of an obligation of the chargor; (i) a liquidator of the chargor; (j) the Director; or (k) a receiver of the property of a chargor in relation to a failure to comply by another receiver of the property of the chargor. (2) No application may be made to the Court in relation to a failure to comply unless notice of the failure to comply has been served on the receiver not less than 7 days before the date of the application and, as at the date of the application, there is a continuing failure to comply. (3) Where the Court is satisfied that there is, or has been, a failure to comply, the Court may— (a) relieve the receiver of the duty to comply, wholly or in part; or (b) without prejudice to any other remedy that may be available in relation to a breach of duty by the receiver, order the receiver to comply to the extent specified in the order. (4) The Court may, in respect of a person who fails to comply with an order made under subsection (3) (b), or is or becomes disqualified to become or remain a receiver— (a) remove the receiver from office; or (b) order that the person may be appointed and act or may continue to act as a receiver, even where he is not qualified. (5) Where it is shown to the satisfaction of the Court that a person is unfit to act as a receiver by reason of— (a) persistent failures to comply; or (b) the seriousness of a failure to comply, the Court shall make, in relation to that person, a prohibition order for a period not exceeding 5 years. (6) A person to whom a prohibition order applies shall not— (a) act as a receiver in any receivership and if currently acting shall cease to act; (b) act as a liquidator in any liquidation; or (c) act as an administrator. (7) In making an order under this section the Court may, if it thinks appropriate— (a) make an order extending the time for compliance; (b) impose any term or condition; or (c) make any other ancillary order. I14 – 123 [Issue 3] Insolvency Act (8) A copy of every order made under subsection (5) shall, within 14 days of the order being made, be delivered by the applicant to the Registrar of Companies and to the Director who shall keep it on a public file indexed by reference to the name of the receiver concerned. (9) Evidence that, on 2 or more occasions within the preceding 5 years— (a) a Court has made an order to comply under this section, and section 337 or 338 of the Companies Act in respect of the same person; or (b) an application for an order to comply under this section, and section 337 or 338 of the Companies Act has been made in respect of the same person and that in each case the person has complied after the making of the application and before the hearing, is, in the absence of special reasons to the contrary, evidence of persistent failures to comply for the purposes of this section.