Section 63: Reversal of order of discharge

63. Reversal of order of discharge (1) The Court may, on the application of the Official Receiver or a creditor, reverse the discharge of a bankrupt at any time before 2 years after— (a) the discharge, in the case of an absolute discharge; (b) the discharge takes effect, in the case of a discharge that is conditional or suspended. (2) Where the Court reverses a discharge, the Court may then, or at any time after, make a new order of discharge, whether absolute, suspended or conditional. (3) The Court may reverse a discharge where— (a) the bankrupt has been given notice of the application; and (b) the Court is satisfied that facts have been established that— (i) were not known to the Court when it made the order of discharge; and (ii) had the Court known of them, it would have been justified in refusing a discharge or discharging the bankrupt on conditions. (4) The Court shall not reverse a discharge where the facts relied on in the application, at the time when the Court made an order discharging the bankrupt— (a) were known to the applicant; or (b) could have been known if the applicant had inquired with reasonable diligence. (5) The reversal of a discharge shall not prejudice or affect any right or remedy that any person other than the bankrupt would have had if the discharge had not been reversed. (6) Any property that has been acquired by the bankrupt after discharge and that is vested in the bankrupt at the date of the reversal— (a) shall vest in the Official Receiver subject to any encumbrance; and [Issue 3] I14 – 42 Revised Laws of Mauritius (b) shall be applied by the Official Receiver to pay debts that the bankrupt has incurred since the date of discharge.