Petition by Creditor to Adjudge Debtor Insolvent

Petition by Creditor to Adjudge Debtor Insolvent

In the Court of the District Judge of ……………… at ……………… Insolvency Case No. ……………… ex parte AB the creditor

In re: CD  Name and address of the debtor

In the matter of the adjudication for insolvency of the debtor under s. 13(2) of the Provincial Insolvency Act

Most Respectfully Sheweth:

1. That the above-named debtor CD who ordinarily resides at ………… (or carries on business or personally works for gain at ………………) is truly and justly indebted to the applicant to the extent of Rs. ……………… for principal and Rs. …………… for interest due on a pronote executed by CD in favour of the applicant on the ……………… day of ……………

2. That on the ……………… day of ……………… when the applicant called at the said premises and demanded payment of the amount due under the promissory note, the said CD gave notice to the applicant that the said CD has suspended payment of his debts.

3. That the said debtor has, within three months before the date of presentation of this petition, committed inter alia the following acts of insolvency (state briefly the acts of insolvency), e.g.

(i)         The said debtor has departed from his usual place of business/residence at ……………… and/or absented or kept himself secluded therefrom with intent to deprive his creditor of all means of communications.

(ii)         Set out other acts of insolvency, if any.

The applicant therefore prays that this court may be pleased to adjudge CD an insolvent and order the realisation of all his assets and distribution of the same amongst all his creditors.

Verification

I, AB, son of …………………… aged ……… years by occupation business residing at ……………… do hereby solemnly affirm and say as follows:

I am the petitioner above-named. I know the facts and circumstances of this case and I am able to depose thereto.

The statements in paragraphs 1, 2 and 3 hereinabove are true to my knowledge and believed by me to be true and that I have not suppressed any material fact.

I sign this Verification on this ……………… day of ………… 1999 at the Court premises at Alipore.

Before me                                                                                 Signature of AB

Notary                                                                                       Signature of the Advocate

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