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Section 41: Power to re-adjudge debtor insolvent

The Insolvency Act, 1955State Act of Kerala · Act 2 of 1956

If default is made in the payment of any instalment due in pursuance of the composition or scheme, or if it appears to the Court that the composition or scheme cannot proceed without injustice or undue delay, or that the approval of the Court was obtained by fraud the Court may, if it thinks fit, re-adjudge the debtor insolvent and annul the composition or scheme but without prejudice to the validity of any transfer or payment duly made or of anything duly done under or in pursuance of the composition or scheme. When a debtor is re-adjudged insolvent under this section, all debts provable in other respects which have been contracted before the date of such re-adjudication shall be provable in the insolvency.

Discharge

Where this provision sits

ActThe Insolvency Act, 1955
Section41
Marginal notePower to re-adjudge debtor insolvent
JurisdictionState of Kerala
StatusIn force as published by the source

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