Section 8: Failure to comply with bankruptcy notice

8. Failure to comply with bankruptcy notice (1) There shall be a failure to comply with a bankruptcy notice where the requirements of subsection (2) or (3) are satisfied. (2) The requirements of this subsection are that— (a) a creditor has obtained a final judgment or a final order against the debtor for any amount; (b) execution of the judgment or order has not been stayed by a Court; (c) the debtor has, within 42 days before the date of the petition for a bankruptcy order, been served with a bankruptcy notice; and (d) the debtor has not, within the time limit specified in subsection (4),— (i) complied with the requirements of the notice; or (ii) satisfied the Court that he has a cross-claim against the creditor. (3) The requirements of this subsection are that— (a) the debtor is indebted to the creditor in relation to a provable debt; (b) the debtor has, within 42 days before the date of the petition for a bankruptcy order, been served with a bankruptcy notice; (c) the debtor has not, within the time limit specified in subsection (4)— (i) complied with the requirements of the notice; or (ii) satisfied the Court that the debtor has a cross-claim against the creditor; and (d) the bankruptcy notice informs the debtor that if the debtor disputes the debt or claims that any indebtedness on the part of the debtor to the creditor is less than 50,000 rupees, the debtor may appear before the Court in opposition to any petition filed by the creditor to have the debtor adjudicated bankrupt and provide a cause that— (i) he does not owe a debt to the creditor; or (ii) that he does owe a debt to the creditor, but the debt is less than 50,000 rupees. [Issue 3] I14 – 16 Revised Laws of Mauritius (4) The time limit referred to in subsection (2) (d) and subsection (3) (c) is— (a) where the debtor is served with the bankruptcy notice in Mauritius, 14 days after service; or (b) where the debtor is served with the bankruptcy notice outside Mauritius, the time specified in the order of the Court permitting service outside Mauritius. (5) In this section,— (a) a creditor who has obtained a final judgment or a final order includes a person who is for the time being entitled to enforce a final judgment or final order; (b) where a Court has given permission for enforcing an arbitration award that the debtor pay money to the creditor— (i) “final order” includes the arbitration award; and (ii) “proceedings” includes the arbitration proceedings in which the award was made; (c) a “cross-claim” means a counterclaim, set-off or cross-demand that— (i) is equal to, or greater than, the judgment debt or the amount that the debtor has been ordered to pay; and (ii) the debtor could not use as a defence in the action or proceedings in which the judgment or the order, as the case may be, was obtained.