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Section 78: Summary administration

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

When a petition is presented by or against a debtor, if the Court is satisfied by affidavit or otherwise that the property of the debtor is not likely to exceed in value five hundred rupees, the Court may make an order that the debtor’s estate be administered in a summary manner, and thereupon the provisions of this Act shall be subject to the following modifications namely:—

(i) unless the Court otherwise directs, no notice required under this Act shall be published in the Gazette;

(ii) on the admission of a petition by a debtor, the property of the debtor shall vest in the Court as a receiver;

(iii) at the hearing of the petition, the Court shall inquire into the debts and assets of the debtor and determine the same by order in writing, and it shall not be necessary to frame a schedule under the provisions of Section 34;

(iv) the property of the debtor shall be realised with all reasonable despatch and thereafter, when practicable, distributed in a single dividend;

(v) the debtor shall apply for his discharge within six months from the date of adjudication; and 29

(vi) such other modifications as may be prescribed with the view of saving expense and simplifying procedure:

Provided that the Court may at any time direct that the ordinary procedure provided for in this Act shall be followed in regard to the debtor’s estate, and thereafter the Act, shall have effect accordingly.

PART VI APPEALS

Where this provision sits

ActThe Insolvency Act, 1955
Section78
Marginal noteSummary administration
JurisdictionState of Kerala
StatusIn force as published by the source

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