Rule of Bankruptcy

BANKRUPTCY RULES 1969
PU(A) 199/1969
18 Applications to be made by summons in Chambers.
(1) Except where these Rules or the Act otherwise provide, every application to the Court shall,
unless the Chief Justice otherwise directs, be made by summons in chambers supported by
affidavit.
(2) Notwithstanding subrule (1), where applicable, all applications filed by way of motion before the
commencement of these Rules may be heard by the Registrar as if they were applications made
under such Rules.
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PU(A) 199/1969
91 What Court to issue.
(1) A bankruptcy notice shall be issued by the Court in which a bankruptcy petition against the
debtor may subsequently be filed.
(2) A creditor is not entitled to apply for the issue of a bankruptcy notice by combining two or more
final judgments or final orders.
(3) A creditor is not entitled to apply for the issue of a bankruptcy notice against joint debtors in a
final judgment or final order unless the debtors had carried on business jointly. If the debtors had not
carried on business jointly application should be made for the issue of a separate bankruptcy notice
against each debtor in the final judgment or final order.
(4) In the case of a final judgment or final order against a partnership and if the individual partners
were not served with the writ of summons in the suit in which the final judgment or final order was
obtained, the final judgment or final order cannot be used to found a bankruptcy notice against a
partner without leave of the Court.
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PU(A) 199/1969
92 Issue of notice.
When applying for the issue of a bankruptcy notice, the creditor shall(a) produce to the Registrar an office copy of the judgment or order on which the notice
is founded;
(b) file the notice, together with a request for issue;
(c) lodge sufficient number of copies of the bankruptcy notice to be sealed and issued
for service.
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PU(A) 199/1969
93 Transmission of notice to Official Assignee.
The creditor shall transmit a sealed copy of the notice or of any order for extension of time for
service of the notice to the Official Assignee by post or otherwise.
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PU(A) 199/1969
94 Particulars to be endorsed on notice.
(1) Every bankruptcy notice shall be endorsed with(a) the name and place of business of the solicitor who is suing out the notice, or if no
solicitor is employed, with a memorandum that it is sued out by the creditor in person;
(aa) the name and National Registration Identity Card number of the debtor;
(b) an intimation to the debtor that if he has any counter-claim, set off or cross demand
which equals or exceeds the amount of the judgment debt, and which he could not have
set up in the action in which the judgment or order was obtained, he must within the time
specified in the notice file an affidavit to that effect with the Registrar.
(2) In the case of a notice served in the Federation the time shall be seven days. In the case of a
notice served elsewhere the Registrar when issuing the notice shall fix the time.
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PU(A) 199/1969
95 Application to set aside.
(1) The filing of an affidavit shall operate as an application to set aside the bankruptcy notice, and
thereupon the Registrar shall fix a day for hearing the application, and shall give not less than three
clear days' notice thereof to the debtor, the creditor and their respective solicitors, if known.
(2) If the application cannot be heard before the time specified in the notice for compliance with its
requirements, the Registrar shall extend the time, and no act of bankruptcy shall be deemed to have
been committed under the notice until the application has been heard and determined.
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PU(A) 199/1969
96 Duration of notice.
Subject to the power of the Court to extend the time, a bankruptcy notice to be served shall be
served within three months from the issue thereof.
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PU(A) 199/1969
97 Service of notice.
A bankruptcy notice shall be served and service thereof shall be proved in the like manner as is by
these Rules prescribed for the service of a creditor's petition.
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PU(A) 199/1969
98 Setting aside notice.
When making an order setting aside a bankruptcy notice, the Court may declare that no act of
bankruptcy has been committed by the debtor under the notice.
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PU(A) 199/1969
101 Place for filing petition.
(1) The petition shall be filed in the Court in which it is to be presented.
(2) Where the debtor has for the greater part of one year immediately preceding the presentation of
the petition carried on business in one State and resided in another State the petition may be filed in
the Court of the State in which he has carried on business.
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PU(A) 199/1969
109 Personal service.
A creditor's petition shall be personally served and service shall be effected by an officer of the Court
or by the creditor or his solicitor or a person in their employment by delivering a sealed copy of the
petition to the debtor.
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BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

BANKRUPTCY RULES 1969

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