Section 51: Examination of bankrupt and others

51. Examination of bankrupt and others (1) The Official Receiver may at any time, before or after a bankrupt’s discharge— (a) summon any of the persons specified in subsection (2) to appear before him, or the Court to be examined on oath; and (b) require that person to produce and surrender to the Official Receiver any document in that person’s possession or control that relates to the bankrupt’s property or dealings. (2) The persons referred to in subsection (1) are— (a) the bankrupt; (b) the bankrupt’s spouse; (c) a person known or suspected to possess any of the bankrupt’s property or any document relating to the affairs or property of the bankrupt; (d) a person believed to owe the bankrupt money; (e) a person believed to be able to give information regarding— (i) the bankrupt; or (ii) the bankrupt’s trade, dealings, property, income from any source, or expenditure; and (f) a trustee of a trust of which the bankrupt is a settlor or of which the bankrupt is or has been a trustee. (3) An examination must be recorded in writing, and the person examined must sign the written record if required to do so. (4) Where a person summoned does not appear at the appointed time and has no reasonable excuse, the Court may— (a) on the Official Receiver’s application, by warrant, have him arrested and brought for examination before the Court; and (b) where the Court thinks that his evidence was necessary for the purposes of the bankrupt’s estate, order him to pay all the expenses arising out of his arrest and examination. (5) A person who is summoned by the Official Receiver for examination shall be paid such expenses of attending the examination as may be prescribed. (6) No person shall, without the Court’s permission, publish a report of— (a) any examination of a person summoned by the Official Receiver; or (b) any matter arising in the course of that examination. (7) On the Official Receiver’s application, the Court may permit publication of a report under the conditions that the Court imposes. [Issue 3] I14 – 36 Revised Laws of Mauritius (8) Subsections (1) to (7) also apply when the Official Receiver has been appointed a receiver and manager of all or part of a debtor’s property under section 20, and references in those sections to the bankrupt must be read as if they were references to the debtor.