PETITION BY CREDITOR TO DECIED DEBTOR INSOLVENT  [CD1] 

 

 

In the Court of the District Judge of ………………............ at......................................

Insolvency Case No. .........................  ex parts AB the creditor

 

In re: A Name with address of the debtor

 

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

 

Respectfully sheweth: 

 

1.                   That the above-named debtor CD who ordinarily residing at…………………………………………………..........(for doing business or personally working for gain at...............................................................................) is really  and justly indebted to applicant to the tune of Rs. ........................... for principal with Rs. ............... for interest due on a pronote executed by CD favouring the applicant on the .................. day of............... 

 

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

 

3.                   That the said debtor has, by three months prior date of presentation of this petition, committed inter alia the following insolvency acts (describe shortly the action of insolvency), e.g. 

 

(i)    The said debtor has moved from his usual place of business/residence at …………………................. and/or kept or absented himself separated therefrom with intent to deprive his creditor of all types of correspondence. 

 

(ii)  Give other actions of insolvency, if any. 

 

The applicant hence prays that this court may be pleased to decide CD an order realisation of all his assets/distribution the same between all his creditors. 

 

Verification

 

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

 

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

 

The statements in paragraphs 1, 2 and 3 stated above are true to my best knowledge and believed and true. I have not suppressed any material fact. 

 

 I signed this Verified on this ........... day of............ at the Court premises at…….(place). 

 

Before me        

 

Notary 

 

Signature of A 

 

Signature of the Advocate 

 

Named in the Schedule in the presence of: 

 [CD1]PETITION BY CREDITOR TO DECIED DEBTOR INSOLVENT