Section 5: Abatement or stay of suit or insolvency petition

(1) Whenever a suit. or an insolvency petition against a debtor shall have been brought or made and pending in a competent court and such debtor or the person who brought or made such suit or petition applies to such court in this behalf, the court shall:- (i) abate such suit or petition if it is satisfied on affidavit or otherwise that an application, to the Debt Relief Court under section 6 or section 6A has been made admitted and is pending, or (ii) stay proceedings in such suit or application, if it is satisfied as aforesaid that the defendant or the opposite party, as the case may be is a debtor within the meaning of this Act: Provided that, in the case of an application for stay under clause (ii), the court shall fix a period, not exceeding ninety days, within while the application to the debt Relief Court shall be made. (2) If any such suit or petition as is referred to in sub-section (1) shall have been pending (i)against a member of a Scheduled Caste or a Scheduled Tribe, at the Date of the applicability of this Act to such caste or tribes appointed under section 2A and (ii) In other case at the date of the commencement of this Act, an application for stay of proceedings under sub-section (1) may be made within six months of the date of such, applicability or such commencement, as the case may be.