Section 67: Annulment

67. Annulment (1) The Court may, on the application of the Official Receiver or any person interested, annul an adjudication where the Court— (a) considers that the bankrupt should not have been adjudicated bankrupt; (b) is satisfied that the bankrupt’s debts have been fully paid or satisfied; (c) considers that the liability of the bankrupt to pay his debts should be reviewed because there has been a substantial change in the bankrupt’s financial circumstances since the date of adjudication; or (d) has approved a composition under Section A of Sub-part IV of Part II. (2) In the case of an application on one of the grounds specified in subsections (1) (a) to (c) by an applicant who is not the Official Receiver— (a) a copy of the application shall be served on the Official Receiver in the manner and within the time that the Court directs; and (b) the Official Receiver may appear on the hearing of the application as a party to the proceedings. (3) An adjudication shall be annulled— (a) from the date of adjudication, in the case of an application on the ground specified in subsection (1) (a); (b) from the date of the Court’s order of annulment, in the case of an application on one of the grounds specified in subsection (1) (b) to (d). (4) In the case of an application for annulment on the ground that the adjudication should not have been made because of a defect in form or procedure, the Court may, in addition to annulling the adjudication, exercise its powers under subsection (5) to correct the defect and order that the application for adjudication be reheard. (5) Where the Court annuls the adjudication on one of the grounds specified in subsection (1) (a) to (c)— (a) the Court may, on the Official Receiver’s application, fix an amount as reasonable remuneration for the Official Receiver’s services and order that it be paid, in addition to any costs that may be awarded; (b) the Court shall make any determination under paragraph (a) promptly; (c) the fee shall be paid into the Consolidated Fund; [Issue 3] I14 – 44 Revised Laws of Mauritius (d) the Official Receiver shall not be entitled to remuneration under section 379 for those services. (6) Where an order of annulment is made following an application by a person other than the Official Receiver, that person shall, as soon as practicable, notify the Official Receiver of the order and, at the same time, serve a copy of the order on the Director. [S. 67 amended by s. 11 (a) of Act 4 of 2017 w.e.f. 20 May 2017.]