Section 5: Creditor’s petition

5. Creditor’s petition (1) A person referred to in subsection (2) may petition the Court for a bankruptcy order where— (a) the debtor owes the creditor 50,000 rupees or more or, where 2 or more creditors join in the application, the debtor owes a total of 50,000 rupees or more to those creditors between them; (b) one of the grounds for adjudication referred to in section 4 is established to the satisfaction of the Court; (c) the debt is a specific sum (une somme certaine); and (d) the debt is payable either immediately or at some certain future time. (2) (a) Subject to paragraph (b), a petition for a bankruptcy order may be made by— (i) a creditor; (ii) creditors jointly where there are 2 or more creditors; or (iii) the trustee, provisional trustee or supervisor of a debtor. (b) A secured creditor may petition the Court for a bankruptcy order where— (i) the petition contains a statement that he is willing, in the event of a bankruptcy order being made, to give up his security for the benefit of all the bankrupt’s creditors; or (ii) the petition is expressed not to be made in respect of the secured part of the debt and contains a statement by that person of the estimated value at the date of the petition of the security for the secured part of the debt. (3) A debtor against whom a bankruptcy order may be made shall— (a) be domiciled in Mauritius; and (b) (i) be present in Mauritius on the day on which a petition for a bankruptcy order is presented; or (ii) have, at any time in the period of 3 years ending with that day— (A) been ordinarily resident, or had a place of residence, in Mauritius; or (B) carried on business in Mauritius. [Issue 7] I14 – 14 Revised Laws of Mauritius (4) For the purposes of subsection (3) (b) (ii) (B), “carrying on business” includes— (a) the carrying on of business by a partnership of which the debtor is a member; and (b) the carrying on of business by an agent or manager for the debtor or for such partnership. (5) An application by a creditor for a bankruptcy order shall— (a) be verified by affidavit of the creditor or some other person having knowledge of the facts; (b) be served on the debtor in the prescribed manner; and (c) call on the debtor to show cause at the hearing of the application as to why the debtor should not be made bankrupt.